RAM MANOHAR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER
Court: Allahabad High Court
Bench: RAJEEV SINGH
Judgment date:
Case summary
Allahabad High Court judgment dated 2024-12-18. RAM MANOHAR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER. Read the judgment and case...
Judgment text
Neutral Citation No. - 2024:AHC-LKO:85178 Court No. - 13 Case :- APPLICATION U/S 482 No. - 8674 of 2024 Applicant :- Ram Manohar And Others Opposite Party :- State Of U. P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Sharvan Kumar Pandey Counsel for Opposite Party :- G. A. ,Prashant Kumar Mishra Hon'ble Rajeev Singh,J. 1. 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. 2. This application under Section 482 Cr. P. C. has been filed for quashing the entire criminal proceeding of S. T. No. 329/2022, arisen out of Case Crime No. 211/2020, under Sections 308, 323, 504, 506 I. P. C. , Police Station Malhipur, District Shrawasti. 3. Learned counsel for the applicants as well as opposite party No. 2 jointly submitted that vide order dated 26. 7. 2024 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 court below verify the contents of compromise and it was duly verified. 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 below vide report dated 22. 8. 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 below. 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 entire criminal proceeding of S. T. No. 329/2022, arisen out of Case Crime No. 211/2020, under Sections 308, 323, 504, 506 I. P. C. , Police Station Malhipur, District Shrawasti, is hereby quashed. 9. OfÏce is directed to communicate this order to the court below, forthwith. Order Date :- 18. 12. 2024 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench
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