/8733/2024 of SANTOSH GUPTA ALIAS SANTOSH KUMAR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND ANOTHER
Court: Allahabad High Court
Bench: RAJEEV SINGH
Judgment date:
Case summary
Allahabad High Court judgment dated 2024-11-20. /8733/2024 of SANTOSH GUPTA ALIAS SANTOSH KUMAR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT....
Judgment text
Neutral Citation No. - 2024:AHC-LKO:76514 Court No. - 13 Case :- APPLICATION U/S 482 No. - 8733 of 2024 Applicant :- Santosh Gupta Alias Santosh Kumar Gupta Opposite Party :- State Of U. P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Rakesh Dwivedi Counsel for Opposite Party :- G. A. ,Manoj Kumar Pandey Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A. G. A. for the State of U. P. , learned counsel for the opposite party no. 2 and perused the record. 2. This application under Section 482 Cr. P. C. has been filed for quashing the charge-sheet dated 24. 02. 2024 filed in Case Crime No. 237/2023, under Sections 354Ka, 354Ga, 354Gha, 323, 336, 506 I. P. C. , Police Station- Jaitpur, District Ambedkar Nagar as well as summoning order dated 23. 12. 2021 passed Judicial Magistrate, Tanda, Ambedkar Nagar in Criminal Case No. 128 of 2024; State Vs. Santosh Gupta. 3.
Learned counsel for the applicant as well as learned counsel for opposite party No. 2 jointly submitted that vide order dated 06. 08. 2024, a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court concerned had verified the contents of compromise. 4. 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 concerned vide report/order dated 04. 09. 2024. 5. Learned A. G. A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court concerned. 6. 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. 7. 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. 8. For the discussions made above, the present application is allowed and charge-sheet dated 24. 02. 2024 filed in Case Crime No. 237/2023, under Sections 354Ka, 354Ga, 354Gha, 323, 336, 506 I. P. C. , Police Station- Jaitpur, District Ambedkar Nagar as well as summoning order dated 23. 12. 2021 passed Judicial Magistrate, Tanda, Ambedkar Nagar in Criminal Case No. 128 of 2024; State Vs. Santosh Gupta are hereby quashed. 9.
OfÏce is directed to communicate this order to trial court forthwith. Order Date :- 20. 11. 2024 V. Sinha Digitally signed by :-Digitally signed by :- VAISHALI SINHAVAISHALI SINHA High Court of Judicature at Allahabad,High Court of Judicature at Allahabad, Lucknow BenchLucknow Bench
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