Allowed

Manju Devi and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC23 Oct 2024/6008/2022

Case brief

AI extract

What is this about?

Single judge allowed Application under Section 482 Cr.P.C. quashing charge-sheet and summoning order in a criminal trial involving fraud and cheating, noting a verified compromise between parties renders the matter purely personal with no judicial utility to continue.

What did the court decide?

Charge-sheet and summoning order dated 12.04.2021 in case arising out of F.I.R. Case Crime No.10 of 2019 U/s 419, 420, 467, 468, 120-B, 504, 506 I.P.C. were quashed.

Manju Devi and 2 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:71509

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 6008 of 2022

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Applicant :- Manju Devi And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Satish Chandra Sitapuri Counsel for Opposite Party :- G.A.,Lalit Mohan Joshi,Surya Bhan Singh,Vinod Kumar Singh

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the parties.

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This application under Section 482 Cr.P.C. has been filed by the applicants with following prayers:-

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"(i) To quash the charge-sheet in case arising out of F.I.R. of Case Crime No.10 of 2019 U/s 419, 420, 467, 468, 120-B, 504, 506 I.P.C., Police Station- Mohanlalganj, Lucknow pending in the court of A.C.J.M.-IIIrd, Court No.26, Lucknow.

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(ii) To quash the summoning order dated 12.04.2021 passed by A.C.J.M. IIIrd, Court No.26, Lucknow in case arising out of F.I.R. of Case Crime No.0010 of 2019, U/s-419, 420, 467, 468, 120-B, 504, 506 I.P.C., Police Station- Mohanlalganj, Lucknow."

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Learned counsel for the applicants submitted that vide order dated 17.09.2024, a direction was given to learned Senior Registrar of this Court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned Senior Registrar had verified the contents of compromise.

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Learned counsel for the applicants submitted that the parties have entered into compromise, which has duly been verified by learned Senior Registrar vide report/order dated 23.09.2024.

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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 learned Senior Registrar.

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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

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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 . The charge-sheet in case arising out of F.I.R. of Case Crime No.10 of 2019 U/s 419, 420, 467, 468, 120-B, 504, 506 I.P.C., Police Station- Mohanlalganj, Lucknow pending in the court of A.C.J.M.-IIIrd, Court No.26, Lucknow and the summoning order dated 12.04.2021 passed by A.C.J.M. IIIrd, Court No.26, Lucknow in case arising out of F.I.R. of Case Crime No.0010 of 2019, U/s-419, 420, 467, 468, 120-B, 504, 506 I.P.C., Police Station- Mohanlalganj, Lucknow are hereby quashed .

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Office is directed to communicate this order to learned Chief Judicial Magistrate concerned, forthwith.

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Order Date :- 23.10.2024 Arpan

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

Manju Devi and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

What did the court decide?

Manju Devi and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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What did the court decide?

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