Allowed

Rais Alam and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC19 Jul 2023/189/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an application under Section 482 Cr.P.C. to quash the charge-sheet and cognizance order in a cheating and forgery case, holding that the parties had mutually compromised the matter, rendering further proceedings unnecessary.

What did the court decide?

Charge-sheet dated 27.03.2022 and cognizance order dated 11.04.2022 were quashed.

Rais Alam and Others Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Another — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC-LKO:47305

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 189 of 2023

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Applicant :- Rais Alam And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Suresh Kumar Yadav Counsel for Opposite Party :- G.A.,Ashish Raman Mishra

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Hon'ble Rajeev Singh,J.

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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.

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This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 27.03.2022 filed in Case Crime No.778 of 2020, under Sections 419, 420, 467, 468, 471, 504 and 506 I.P.C., Police Station Kotwali, District-Barabanki as well as cognizance order dated 11.04.2022 passed by the Chief Judicial Magistrate, Court No.18, Barabanki in Criminal Case No.7218 of 2022.

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Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 20.09.2022 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court below had verified the contents of compromise.

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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 01.10.2022.

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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.

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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.

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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.

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For the discussions made above, the present application is allowed and charge-sheet dated 27.03.2022 filed in Case Crime No.778 of 2020, under Sections 419, 420, 467, 468, 471, 504 and 506 I.P.C., Police Station Kotwali, District-Barabanki as well as cognizance order dated 11.04.2022 passed by the Chief Judicial Magistrate, Court No.18, Barabanki in Criminal Case No.7218 of 2022 are hereby quashed.

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Order Date :- 19.7.2023

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Amit/-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rais Alam and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

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Rais Alam and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

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What the court decided

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