Allowed

Kashmir Singh v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and Others

Allahabad HC11 Jul 2023/2805/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the quashing of the charge sheet and summoning order in a criminal case arising under the D.P. Act. The court noted that the parties had successfully mediated and settled their dispute, rendering further criminal proceedings unnecessary.

What did the court decide?

Charge sheet dated 31.10.2021 and summoning order dated 27.04.2022 in Case No. 484 of 2022 are quashed.

Kashmir Singh Vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC-LKO:44846

¶2

Court No. - 12

¶3

Case :- APPLICATION U/S 482 No. - 2805 of 2023

¶4

Applicant :- Kashmir Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And Others Counsel for Applicant :- Sachida Nand,Jyoti Rajpoot Counsel for Opposite Party :- G.A.,Adarsh Shukla,Rajiv Raman Srivastava

¶5

Hon'ble Rajeev Singh,J.

¶6

Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the opposite party no. 3 and perused the record.

¶7

This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 31.10.2021 as well as summoning order dated 27.04.2022 passed in Case No. 484 of 2022 arising out of Case Crime No. 79 of 2021, under Section 3/4 D.P. Act, P.S. Mahila Thana, District Kheri.

¶8

Learned counsel for the applicant and learned counsel for respondent no. 3 jointly submit that in pursuance of the earlier order dated 10.04.2023, the matter was sent before the Mediation Center of this Court and has become successful.

¶9

It is evident from the report of the Mediation Center dated 26.05.2023 that respondent no. 3 does not want to prosecute the applicant and both the parties have settled their disputes and arrived at an amicable settlement.

¶10

Learned A.G.A. fairly concedes that compromise has been effected between the parties before the Mediation Center of this Court.

¶11

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 held that inherent power can be used to do real and substantial justice. Hence, inherent power can be

¶12

exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

¶13

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.

¶14

For the discussions made above, the present application is allowed.

¶15

Charge sheet dated 31.10.2021 as well as summoning order dated 27.04.2022 passed in Case No. 484 of 2022 arising out of Case Crime No. 79 of 2021, under Section 3/4 D.P. Act, P.S. Mahila Thana, District Kheri are hereby quashed.

¶16

OfÏce is directed to send a copy of this order to the court concerned, forthwith.

¶17

Order Date :- 11.7.2023 VKS

¶18

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

Kashmir Singh v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and Others

Case brief

What is this about?

What did the court decide?

Kashmir Singh v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anwari and Ors. Vs State of U.P. and Anr.

Sita Singh Vs the State of U.P and Anr.

James Illoduba Vs State of U.P. Thru. Secy. Home. Deptt. and Others

Pradip Kumar Yadav @ Pradip Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Sanjay Kumar and Others Vs State of U.P. Thru. Prin.Secy. Home and Another

Ramesh Chandra @ Ramesh Kumar Vs State of U.P. Thru. Home Secy. Lko. and 2 Others