Allowed

Vishnu Kumar and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Civil Sectt. Lko. and Another

Allahabad HC18 Oct 2023/5484/2023

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench, allowed an application under Section 482 CrPC to quash criminal proceedings. The court held that since a valid compromise was verified between the parties and further prosecution was not desired, proceeding further would serve no useful purpose. The entire trial proceedings were quashed.

What did the court decide?

Quashed the entire proceedings of Special Trial No. 408 of 2016 arising out of Crime No. 88 of 2001 under Sections 323, 504, 506 IPC and Section 3(1)(x) SC/ST Act.

Vishnu Kumar and Others Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:68926

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 5484 of 2023

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Applicant :- Vishnu Kumar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Civil Sectt. Lko. And Another Counsel for Applicant :- Suresh Chandra Gupta,Sarvesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

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The present application has been filed with a prayer to quash the entire proceedings of Special Trial No. 408 of 2016 arising out of Case Crime No. 88 of 2001, under Sections 323, 504, 506 I.P.C. and Section 3(1)(x) of SC/ST Act, P.S. Kachhouna, District Hardoi.

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Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submit that in pursuance of the earlier order dated 21.04.2023 passed in Application u/s 482 No. 3863 of 2023, the matter was sent before the court below for verification of the compromise deed.

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It is evident from the record that the factum of the compromise has been verified by the court below vide his report dated 03.05.2023. The compromise deed is appended as Annexure 4 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicants.

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Learned A.G.A. fairly concedes 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, 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

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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 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.

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

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Entire proceedings of Special Trial No. 408 of 2016 arising out of Case Crime No. 88 of 2001, under Sections 323, 504, 506 I.P.C. and Section 3(1)(x) of SC/ST Act, P.S. Kachhouna, District Hardoi are hereby quashed.

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

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Order Date :- 18.10.2023 VKS

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

Vishnu Kumar and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Civil Sectt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Vishnu Kumar and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Civil Sectt. Lko. and Another

Case brief

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What did the court decide?

What the court decided

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