Allowed

Mangla Devi and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC9 Jan 2024/3507/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed the appeal and quashed the charge-sheet and cognizance order in a criminal case under the IPC and SC/ST Act, relying on the Apex Court's view that inherent powers can be used to end settled criminal proceedings of a personal nature.

What did the court decide?

Quashed the impugned charge-sheet dated 09.01.2022 and cognizance order dated 14.04.2022.

Mangla Devi and 4 Others Vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2386

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 3507 of 2023

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Appellant :- Mangla Devi And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Appellant :- Rahul Roshan Dubey Counsel for Respondent :- G.A.,Ghanshyam Shukla

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Hon'ble Rajeev Singh,J.

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Supplementary afÏdavit filed by learned counsel for the private respondent is taken on record.

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Heard, learned counsel for the appellants, learned counsel for the complainant, 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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This criminal appeal has been filed with a prayer to set- aside/quash the impugned charge-sheet No. 01, dated 09.01.2022, Under Sections-419, 420, 323, 504, 506 I.P.C. & Section-3(1) (Da), 3 (1) (Dha) of SC/ST Act, Police Station-Bandhua Kala, District- Sultanpur as well as cognizance order dated 14.04.2022 passed by the court of learned Special Judge, SC/ST (P.A.) Act, Sultanpur in Special Session trial No. 386/2022 (State Versus Mangla Devi and others) on the basis of compromise dated 17.08.2022 and verification order dated 26.09.2023 passed by the court of learned Special Judge, SC/ST (P.A.) Act, Sultanpur, in the interest of justice.

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Learned counsel for the appellants as well as opposite party No.2 jointly submitted that vide order dated 2.9.2022 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, SC/ST Act, Sultanpur, verify the contents of compromise and it was duly verified.

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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 court below vide report dated 26.9.2023.

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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 below.

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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 impugned chargesheet No. 01, dated 09.01.2022, Under Sections419, 420, 323, 504, 506 I.P.C. & Section-3(1) (Da), 3 (1) (Dha) of SC/ST Act, Police Station-Bandhua Kala, District- Sultanpur as well as cognizance order dated 14.04.2022 passed by the court of learned Special Judge, SC/ST (P.A.) Act, Sultanpur in Special Session trial No. 386/2022 (State Versus Mangla Devi and others) on the basis of compromise dated 17.08.2022 and verification order dated 26.09.2023 passed by the court of learned Special Judge, SC/ST (P.A.) Act, Sultanpur, is hereby quashed .

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OfÏce is directed to communicate this order to the court below, forthwith.

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Order Date :- 9.1.2024 Gaurav/-

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

Mangla Devi and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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Mangla Devi and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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