Allowed

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

Allahabad HC11 Jul 2023/9054/2022

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 noted a verified compromise deed filed jointly by the applicant and opposing counsel, finding no useful purpose in continuing the case after mutual settlement.

What did the court decide?

Entire proceedings of Case No. 4791 of 2020 arising out of Crime No. 194 of 2020 are quashed.

Ramesh Chandra @ Ramesh Kumar Vs State of U.P. Thru. Home… — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:44949

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 9054 of 2022

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Applicant :- Ramesh Chandra @ Ramesh Kumar Opposite Party :- State Of U.P. Thru. Home Secy. Lko. And 2 Others Counsel for Applicant :- Bhola Singh Patel Counsel for Opposite Party :- G.A.,Praveen Kumar Verma

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and learned counsel appearing for respondent nos. 2 and 3.

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The present application has been filed with a prayer to quash the entire proceedings of Case No. 4791 of 2020 arising out of Case Crime No. 194 of 2020, under Sections 307, 325, 427 I.P.C., P.S. Satrikh, District Barabanki.

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Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submit that in pursuance of the earlier order dated 17.10.2022, 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 11.11.2022. The compromise deed is appended as Annexure 2 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicant.

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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 Case No. 4791 of 2020 arising out of Case Crime No. 194 of 2020, under Sections 307, 325, 427 I.P.C., P.S. Satrikh, District Barabanki 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 :- 11.7.2023 VKS

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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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