Heard learned counsel for the applicant, learned AGA for the State of U.P. and Shri Sudeep Seth, learned Senior Advocate assisted by Shri Subham Tripathi, learned counsel appearing for 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 09.01.2004 as well as entire proceedings of Sessions Trial No. 706 of 2010 (State Vs. Vinod Kumar & Ors.), under Sections 406, 408, 409, 410, 413, 415, 418, 420, 464, 465, 467, 468, 471, 120B I.P.C., P.S. Achalganj, District Unnao.
Learned counsel for the applicant has submitted that in F.I.R. bearing Case Crime No. 407 of 2003 lodged by respondent no. 2, charge sheet dated 09.01.2004 was filed by the Investigating Officer, on which the court below had taken cognizance and thereafter, the case was committed to the court of Session and the same was registered as S.T. No. 706 of 2010 and is presently pending in the court of Additional District Judge, Court No. 3, Unnao. It has further been submitted that during the pendency of the aforesaid case, the issue has been resolved between the parties by way of settlement agreement executed on 6th December, 2019 (appended as Annexure 3 to the application), which goes to show that respondent no. 2 does not want to prosecute the applicant. He has also submitted that in pursuance to the earlier order dated 10.12.2019, the matter was placed before the Senior Registrar of this Court for verification of the contents of the aforesaid settlement agreement. It has also been submitted that the factum of the compromise has been verified by the Senior Registrar vide his report dated 18.12.2019, therefore, the impugned proceedings may be quashed.
Learned counsel appearing for respondent no. 2 as well as learned AGA have no objection if the matter is decided in terms of the compromise. They have also fairly conceded that compromise has been effected between the parties and the same has duly been verified by the Senior Registrar of this Court.
Considering the arguments of the learned counsel for the parties and going through the record, it is evident that during the pendency of the impugned proceedings, the issue has been resolved between the parties by way of settlement agreement dated 6th December, 2019, the contents of which, have been duly verified by the Senior Registrar of this Court vide his report dated 18.12.2019.
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 also 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 dated 09.01.2004 as well as entire proceedings of Sessions Trial No. 706 of 2010 (State Vs. Vinod Kumar & Ors.), under Sections 406, 408, 409, 410, 413, 415, 418, 420, 464, 465, 467, 468, 471, 120B I.P.C., P.S. Achalganj, District Unnao and its entire proceedings are hereby quashed.
Order Date :- 19.12.2019 VKS