Ashish and Others Vs State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Other — Allahabad HC (2023) — LawSathi Research

Ashish and Others Vs State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Other — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the proceeding of Session Trial No.797 of 2013 arising out of Case Crime No.1727 of 2013 under Sections 363, 366, 376 I.P.C., Police Station Kotwali City, Hardoi, pending in the Court of learned Special Judge (POCSO) Act, Hardoi.

Issue for consideration

Whether the proceeding of Session Trial No.797 of 2013, arising out of Case Crime No.1727 of 2013 under Sections 363, 366, 376 I.P.C. (Police Station Kotwali City, Hardoi) and pending before the learned Special Judge (POCSO) Act, Hardoi, can be quashed in exercise of inherent power under Section 482 Cr.P.C. in view of the compromise between the parties duly verified by the court below.

Court's answer

Following the Apex Court decisions in Gian Singh, B.S. Joshi and Narinder Singh, inherent power can be exercised to do real and substantial justice and to speed up the process of ending criminal proceedings where a settlement has been arrived at between the parties.

Ratio / Principle

Since the parties do not wish to pursue the case further and the matter is purely of personal nature, having been mutually settled between the parties by way of compromise, no useful purpose would be served in proceeding with the matter further.

Key takeaways

The application under Section 482 Cr.P.C. is allowed and the proceeding of Session Trial No.797 of 2013, arising out of Case Crime No.1727 of 2013 under Sections 363, 366, 376 I.P.C., pending before the learned Special Judge (POCSO) Act, Hardoi, is quashed.ratio¶14

Detailed headnote1 paragraphs

Criminal miscellaneous application under Section 482 Cr.P.C. (Application U/S 482 No. 4367 of 2023) by Ashish and others for quashing the proceeding of Session Trial No.797 of 2013, arising out of Case Crime No.1727 of 2013 under Sections 363, 366, 376 I.P.C., Police Station Kotwali City, Hardoi, pending before the learned Special Judge (POCSO) Act, Hardoi. Pursuant to this Court's order dated 7.2.2023, the trial court verified the compromise between the parties vide report dated 15.2.2023, and the learned AGA conceded the compromise. Relying on 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), the Court held that inherent power can be exercised to do real and substantial justice and to speed up the process of ending criminal proceedings where the parties have settled a matter of purely personal nature. Application allowed; proceeding quashed. (Hon'ble Rajeev Singh, J.; order dated 26.7.2023.)

Neutral Citation No. - 2023:AHC-LKO:49229

Court No. - 12

Case :- APPLICATION U/S 482 No. - 4367 of 2023

Applicant :- Ashish And Others Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Other Counsel for Applicant :- Bhagwati Prasad Nigam,Anurag Shukla Counsel for Opposite Party :- G.A.,Jairam Bharti

Hon'ble Rajeev Singh,J.

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.

This application under Section 482 Cr.P.C. has been filed for quashing the proceeding of Session Trial No.797 of 2013 arisen out of Case Crime No.1727 of 2013 under Sections 363, 366, 376 I.P.C., Police Station Kotwali City, Hardoi pending in the Court of learned Special Judge (POCSO) Act, Hardoi.

Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 7.2.2023, 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 Special Judge (POCSO Act), Hardoi, verify the contents of compromise and it was duly verified.

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 15.2.2023

Learned AGA has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below.

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.

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.

For the discussions made above, the present application is allowed and proceeding of Session Trial No.797 of 2013 arisen out of Case Crime No.1727 of 2013 under Sections 363, 366, 376 I.P.C., Police Station Kotwali City, Hardoi pending in the Court of learned Special Judge (POCSO) Act, Hardoi, is hereby quashed .

Order Date :- 26.7.2023 Gaurav/-

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