Court No. - 79
Case :- APPLICATION U/S 482 No. - 13227 of 2020
Applicant :- Iqbal Singh And Another Opposite Party :- State Of U.P. And Other Counsel for Applicant :- Om Narayan Mishra
Counsel for Opposite Party :- G.A.,Dur Vijay Singh
Hon'ble Rajeev Singh,J.
Heard, learned counsel for the applicants, learned AGA 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 entire proceedings of Complaint Case No. 213 of 2015, including summoning order dated 19.9.2018, under Sections 120B, 420, 467, 468, 471 of IPC, P.S. Civil Lines, District Moradabad, pending in the court of learned Chief Judicial Magistrate, Court No. 5, Moradabad, in view of compromise dated 16.3.2020.
Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 24.9.2020 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the learned court below, verify the contents of compromise and it was duly verified.
Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 10.11.2020.
Learned AGA has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below.
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 is purely of personal nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further.
For the discussions made above, the present application is allowed and the entire proceedings of Complaint Case No. 213 of 2015, including summoning order dated 19.9.2018, under Sections 120B, 420, 467, 468, 471 of IPC, P.S. Civil Lines, District Moradabad, is hereby quashed.
Order Date :- 22.12.2021
A.P. Pandey