/10694/2024 of SHYAM KISHORE SINGH @ SHYAM SINGH AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER
Court: Allahabad High Court
Bench: RAJEEV SINGH
Judgment date:
Case summary
Allahabad High Court judgment dated 2024-12-02. /10694/2024 of SHYAM KISHORE SINGH @ SHYAM SINGH AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME...
Judgment text
Neutral Citation No. - 2024:AHC-LKO:79488 Court No. - 13 Case :- APPLICATION U/S 482 No. - 10694 of 2024 Applicant :- Shyam Kishore Singh @ Shyam Singh And 2 Others Opposite Party :- State Of U. P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Prem Prakash Singh Counsel for Opposite Party :- G. A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Shri Javed Khan, Advocate on behalf of the opposite party No. 2 is taken on record. 2. Heard learned counsel for the applicants, learned A. G. A. for the State of U. P. , learned counsel for the opposite party no. 2 and perused the record. 3. This application under Section 482 Cr. P. C. has been filed for quashing the summoning order dated 17. 03. 2021 passed in Criminal Case No. 1003 of 2021, State Vs Billoo Singh @ Ajay Singh and Others and Charge sheet dated 18. 09. 2017 arising out of Case Crime No. - 406/2017, U/S 504,506,352 I. P. C.
Police - Station Kotwali Akbarpur, District- Ambedkarnagar, pending in the Court of Chief Judicial Magistrate Ambedkarnagar. 4. Learned counsel for the applicants as well as learned counsel for opposite party No. 2 jointly submitted that vide order dated 20. 08. 2024, a direction was given to the trial court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned trial court had verified the contents of compromise. 5. Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated 31. 08. 2024. 6. Learned A. G. A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the trial court. 7.
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. 8. 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. 9. For the discussions made above, the present application is allowed and summoning order dated 17. 03. 2021 passed in Criminal Case No. 1003 of 2021, State Vs Billoo Singh @ Ajay Singh and Others and Charge sheet dated 18. 09.
2017 arising out of Case Crime No. - 406/2017, U/S 504,506,352 I. P. C. Police - Station Kotwali Akbarpur, District- Ambedkarnagar, pending in the Court of Chief Judicial Magistrate Ambedkarnagar are hereby quashed. Order Date :- 2. 12. 2024 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench
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