Allowed

Sant Prasad and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC19 Feb 2024/101/2024

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal filed by appellants to quash a summoning order dated 09.03.1999. The court noted a mutual compromise verified by the trial court was reached between parties, finding no useful purpose served in proceeding further.

What did the court decide?

The summoning order dated 09.03.1999 passed by the Additional Chief Judicial Magistrate-Vth, Lucknow is quashed.

Sant Prasad and 2 Others Vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:14528

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 101 of 2024

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Appellant :- Sant Prasad And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Nagendra Singh,Brijesh Kumar Singh,Kuldeep,Vibhor Shukla

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Counsel for Respondent :- G.A.,Kush Asthana

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellants, 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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Learned counsel for the opposite party no.2 has informed that Rs.6,250/- has been deposited by the opposite party no.2 in the Account Head No.0250001020102, State Bank of India, G. B. Branch, Lucknow vide chalan No.BD41634. The original chalan is taken on record.

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In pursuance of the earlier order dated 31.01.2024, Shri Ayodhya Prasad-opposite party no.2 along with Shri Mohd. Majid Farooqui, Sub Inspector, Police Station-Nigohan, districtLucknow is present. The aforesaid complainant-Shri Ayodhya Prasad is verified by Shri Kush Asthana, Advocate.

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This appeal under section 14-A(1) of SC/ST Act has been filed for quashing the summoning order dated 09.03.1999 passed by the Additional Chief Judicial Magistrate-Vth, Lucknow in Special Sessions Trial No.251of 1999 arising out of Case Crime No.175 of 1998, under Sections 323, 504, 506 of I.P.C and Section 3(1)X of SC/ST Act, Police Station-Nigoha, District-Lucknow.

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Learned counsel for the appellants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 25.07.2023 a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court concerned had verified the contents of compromise.

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Learned counsel for the appellants and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the

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court concerned vide order dated 29.11.2023.

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Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court concerned.

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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 appeal is allowed and summoning order dated 09.03.1999 passed by the Additional Chief Judicial Magistrate-Vth, Lucknow in Special Sessions Trial No.251of 1999 arising out of Case Crime No.175 of 1998, under Sections 323, 504, 506 of I.P.C and Section 3(1)X of SC/ST Act, Police Station-Nigoha, District-Lucknow is hereby quashed.

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Office is directed to communicate this order to trial court forthwith.

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Order Date :- 19.2.2024 akhilesh/

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

Sant Prasad and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Sant Prasad and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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