Allowed

Sohan Lal and Ors. v. State of U.P. and Ors.

Allahabad HC26 Jul 2023/37/2021

Case brief

AI extract

What is this about?

This High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings based on a verified compromise between the parties, holding that no useful purpose would be served by continuing the trial.

What did the court decide?

The application is allowed and the proceedings of charge sheet No.119 dated 11.8.2021 under Sections 457, 354, 504, 506, 307, 427 I.P.C. are quashed.

Sohan Lal and Ors. Vs State of U.P. and Ors. — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:49233

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 37 of 2021

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Applicant :- Sohan Lal And Ors. Opposite Party :- State Of U.P. And Ors. Counsel for Applicant :- Ajai Pratap Singh Chauhan Counsel for Opposite Party :- G.A.,Rishabh Tripathi

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Hon'ble Rajeev Singh,J.

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Heard, learned counsel for the applicants, learned AGA 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 proceeding of charge sheet No.119, dated 11.8.2021 arising out of Case Crime No.190/2021 under Sections 457, 354, 504, 506, 307, 427 I.P.C., Police Station Mall, District Lucknow.

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Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 14.3.2019, 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 Additional District and Sessions Judge/Special Judge, Court No.6, Lucknow, verify the contents of compromise and it was duly verified.

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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 29.4.2019.

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Learned AGA 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

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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 proceeding of charge sheet No.119, dated 11.8.2021 arising out of Case Crime No.190/2021 under Sections 457, 354, 504, 506, 307, 427 I.P.C., Police Station Mall, District Lucknow, is hereby quashed .

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Order Date :- 26.7.2023 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Sohan Lal and Ors. v. State of U.P. and Ors.

Case brief

What is this about?

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Sohan Lal and Ors. v. State of U.P. and Ors.

Case brief

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