Allowed

Amit Singh and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC24 Jul 2023/6945/2023

Case brief

AI extract

What is this about?

Allowed an application under Section 482 CrPC to quash criminal proceedings involving Sections 452, 323, 504, 506 IPC. The High Court held that since a compromise was verified by the trial court and the matter is personal in nature, proceeding further would serve no useful purpose.

What did the court decide?

Proceedings of Complaint Case No.1640 of 2015 under Sections 452, 323, 504, 506 IPC pending before the court of Additional Chief Judicial Magistrate-IV, Lucknow are quashed.

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

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Neutral Citation No. - 2023:AHC-LKO:48323

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 6945 of 2023

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Applicant :- Amit Singh And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Ashok Kumar Maurya,Abhinav Maurya

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Shri Kaushal Kishore Maurya, Advocate on behalf of the opposite party No.2 is taken on record.

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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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The present application U/s 482 CrPC has been filed for quashing the proceedings of Complaint Case No.1640 of 2015 U/s 452, 323, 504, 506 IPC, P.S.- Nagram, Lucknow pending before the court of Additional Chief Judicial Magistrate-IV, Lucknow.

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Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 16.06.2023 a direction was given to the trial court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned trial court had verified the contents of compromise.

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Learned counsel for the applicants and learned counsel for opposite party no.2 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report dated 27.06.2023.

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Learned A.G.A. has fairly conceded that compromise has

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been effected between the parties and the same has duly been verified by the trial court.

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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 the proceedings of Complaint Case No.1640 of 2015 U/s 452, 323, 504, 506 IPC, P.S.- Nagram, Lucknow pending before the court of Additional Chief Judicial Magistrate-IV, Lucknow are hereby quashed.

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Order Date :- 24.7.2023 Arpan

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

Amit Singh and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

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Amit Singh and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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