Court No. - 79
Case :- APPLICATION U/S 482 No. - 17008 of 2021 Applicant :- Faizan Ahmad And 2 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., learned counsel for the opposite party no. 2 and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 01.10.2019 filed in Case Crime No.317 of 2019, under Sections 323, 504, 506, 354, 498-A I.P.C., Police Station Kareilly, District Allahabad as well as entire proceedings of Criminal Case No.1670 of 2020.
It has been contended by learned counsel for the applicant that the dispute between the parties is matrimonial in nature. This Court vide order dated 24.09.2021 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 22.03.2021 between the parties, it is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in the settlement agreement dated 22.03.2021.
Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.
In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter has been mutually settled between the parties by way of the mediation, therefore, no useful purpose would be served in proceeding with the matter further.
Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 22.03.2021 before the Mediation and Conciliation Centre of this Court, the present application is allowed and the charge-sheet dated 01.10.2019 filed in Case Crime No.317 of 2019, under Sections 323, 504, 506, 354, 498-A I.P.C., Police Station Kareilly, District Allahabad as well as entire proceedings of Criminal Case No.1670 of 2020 are hereby quashed.
Order Date :- 21.12.2021 Amit/-