Court No. - 79
Case :- APPLICATION U/S 482 No. - 13641 of 2020
Applicant :- Pancham And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dhiraj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard Ms. Soumya Srivastava, Advocate holding brief of Mr. Dhiraj Srivastava, learned counsel for the applicants, learned AGA for the State of U.P. and Mr. Yatharth Srivastava, 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 impugned order dated 07.09.2016 and 14.10.2016 passed by Additional Chief Judicial Magistrate-I, Jhansi in Case No.1761 of 2015 (State vs. Pancham & Others), under Sections 308, 323, 504, 506 I.P.C., Police Station Chirgaon, District Jhansi including the entire proceedings of the aforesaid case.
Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 19.11.2020 a direction was given to the court below to verify the factum of compromise executed by the parties.
Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise 23.12.2020, which has duly been verified by the court below vide report dated 23.12.2020.
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 impugned order dated 07.09.2016 and 14.10.2016 passed by Additional Chief Judicial Magistrate-I, Jhansi in Case No.1761 of 2015 (State vs. Pancham & Others), under Sections 308, 323, 504, 506 I.P.C., Police Station Chirgaon, District Jhansi including the entire proceedings of the aforesaid case, are hereby quashed.
Order Date :- 22.12.2021
A.P. Pandey