Court No. - 79
Case :- APPLICATION U/S 482 No. - 6939 of 2021
Applicant :- Satish Chand And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tiwari
Counsel for Opposite Party :- G.A.,Ashok Kumar 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 proceeding as well as summoning order dated 01.02.2021 passed in Sessions Trial No. 890 of 2017 (State Vs. Satish Chand and others), arising out of Case Crime no. 0133 of 2017, under Sections 498-A, 307/34 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Gonda, District Aligarh, pending in the Court of Additional Sessions Judge, Court No. 17, Aligarh.
Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 29.9.2021 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 Additional District and Sessions Judge, Court No. 17, Aligarh, 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 12.10.2021. They further submitted that opposite party no. 2 is residing with the applicants.
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 entire proceeding as well as summoning order dated 01.02.2021 passed in Sessions Trial No. 890 of 2017 (State Vs. Satish Chand and others), arising out of Case Crime no. 0133 of 2017, under Sections 498-A, 307/34 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Gonda, District Aligarh, pending in the Court of Additional Sessions Judge, Court No. 17, Aligarh, in the light of order dated 29.9.2021 passed by this Hon'ble Court, is hereby quashed.
Order Date :- 20.12.2021 Shafique