(C.M. Application No. 148819 of 2019) Heard learned counsel for the applicants.
Amendment application is allowed.
Learned counsel for the applicant is permitted to make necessary amendment in the prayer clause as well as memo of the petition.
Order Date :- 17.12.2019 VKS Court No. - 11 Case :- U/S 482/378/407 No. - 7938 of 2019 Applicant :- Haseeb & Ors.
Opposite Party :- State Of U.P. Thru. Prin. Secy., Deptt. Of Home & Anr.
Counsel for Applicant :- Ashok Kumar Srivastava Counsel for Opposite Party :- G.A.,Arun K Singh Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned AGA for the State of U.P. and 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 No. 227 of 2018 dated 15.10.2018 as well as summoning order dated 05.11.2018 and the entire proceedings of Case No. 791 of 2018 (State of U.P. Vs. Haseeb & Ors.), arising out of Case Crime No. 233 of 2018, under Sections 307, 120B I.P.C., P.S. Mandhata, District Pratapgarh pending before F.T.C.-II, Pratapgarh. A further prayer to quash the charge sheet No. 227-A of 2018 dated 15.10.2018 as well as entire proceedings of Case No. 14 of 2019 (State of U.P. Vs. Abraj) arising out of Case Crime No. 233 of 2018, under Sections 307, 120B I.P.C., P.S. Mandhata, District Pratapgarh pending before Juvenile Justice Board, Pratapgarh.
Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that in pursuance of the earlier order dated 11.11.2019, the matter was sent before the Senior Registrar of this Court for verification of the compromise deed.
It is evident from the record that the factum of the compromise has been verified by the Senior Registrar vide his report dated 21.11.2019. The compromise deed is appended as Annexure 7 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicants.
Learned AGA has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the Senior Registrar of this Court.
Hon'ble Apex Court, in catena of decisions, viz., 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, has held that inherent power can be used to do real and substantial justice. 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 fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of the compromise, no useful purpose would be served in proceeding with the matter any further.
For the discussions made above, the present application is allowed.
Charge sheet No. 227 of 2018 dated 15.10.2018 as well as summoning order dated 05.11.2018 and the entire proceedings of Case No. 791 of 2018 (State of U.P. Vs. Haseeb & Ors.), arising out of Case Crime No. 233 of 2018, under Sections 307, 120B I.P.C., P.S. Mandhata, District Pratapgarh pending before F.T.C.-II, Pratapgarh, and charge sheet No. 227-A of 2018 dated 15.10.2018 as well as entire proceedings of Case No. 14 of 2019 (State of U.P. Vs. Abraj) arising out of Case Crime No. 233 of 2018, under Sections 307, 120B I.P.C., P.S. Mandhata, District Pratapgarh pending before Juvenile Justice Board, Pratapgarh, are hereby quashed.
Order Date :- 17.12.2019 VKS