Iktidar Ahmad Ansari and 4 Others Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another — Allahabad HC (2024) — LawSathi Research

Iktidar Ahmad Ansari and 4 Others Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Charge sheet dated 30.11.2018 filed in Case No. 28107 of 2020 arising out of Case Crime No. 385 of 2018, under Sections 147, 323, 504, 506 I.P.C., P.S. Chowk, District Lucknow, and its entire proceedings were quashed; Office directed to send a copy of the order to the court concerned forthwith.

Issue for consideration

Whether the charge sheet dated 30.11.2018 in Case No. 28107 of 2020 arising out of Case Crime No. 385 of 2018 (Sections 147, 323, 504, 506 I.P.C., P.S. Chowk, District Lucknow) and its entire proceedings should be quashed in view of the compromise between the parties.

Court's answer

Relying on Apex Court decisions (Gian Singh, B.S. Joshi, Narinder Singh), this Court held that inherent power can be exercised to end criminal proceedings where a settlement has been arrived at between the parties.

Ratio / Principle

Since the parties had mutually settled the matter by way of compromise and did not want to pursue the case further, no useful purpose would be served in continuing the proceedings.

Key takeaways

The charge sheet dated 30.11.2018 in Case No. 28107 of 2020 arising out of Case Crime No. 385 of 2018 (Sections 147, 323, 504, 506 I.P.C., P.S. Chowk, District Lucknow) and its entire proceedings were quashed.ratio¶¶15

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Rajeev Singh, J. — Application under Section 482 (Case No. 11377 of 2024) allowed; charge sheet dated 30.11.2018 in Case No. 28107 of 2020 arising out of Case Crime No. 385 of 2018, under Sections 147, 323, 504, 506 I.P.C., P.S. Chowk, District Lucknow, and its entire proceedings quashed. The parties (including respondent no. 2) had entered into a compromise, verified by the court below vide report dated 26.11.2024 pursuant to the earlier order dated 16.12.2020 in Application u/s 482 No. 2512 of 2020; the learned A.G.A. conceded the compromise. Relying on Gian Singh v. State of Punjab (2012 AIR SCW 5333), B.S. Joshi v. State of Haryana ((2003) 3 SCC 675) and Narinder Singh v. State of Punjab ((2014) 6 SCC 466), the Court held that inherent power can be exercised to do real and substantial justice and to bring criminal proceedings to an end where the parties have settled. Decided 13.12.2024.

Neutral Citation No. - 2024:AHC-LKO:83667

Court No. - 13

Case :- APPLICATION U/S 482 No. - 11377 of 2024

Applicant :- Iktidar Ahmad Ansari And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Shakti Kumar Sharma Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

Vakalatnama as well as short counter afÏdavit filed by Shri Jatin Raheja and Ms. Neha Chaurasia, Advocates on behalf of respondent no. 2 is taken on record.

Heard learned counsel for the applicants as well as learned A.G.A. for the State and learned counsel appearing for respondent no. 2.

The present application has been filed with a prayer to quash the charge sheet dated 30.11.2018 filed in Case No. 28107 of 2020 arising out of Case Crime No. 385 of 2018, under Sections 147, 323, 504, 506 I.P.C., P.S. Chowk, District Lucknow as well as its entire proceedings.

Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submit that in pursuance of the earlier order dated 16.12.2020 passed in Application u/s 482 No. 2512 of 2020, the matter was sent before the court below for verification of the compromise deed.

It is evident from the record that the factum of the compromise has been verified by the court below vide his report dated 26.11.2024. The compromise deed is appended as Annexure 3 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicants.

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.

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 exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

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.

For the discussions made above, the present application is allowed.

Charge sheet dated 30.11.2018 filed in Case No. 28107 of 2020 arising out of Case Crime No. 385 of 2018, under Sections 147, 323, 504, 506 I.P.C., P.S. Chowk, District Lucknow and its entire proceedings are hereby quashed.

OfÏce is directed to send a copy of this order to the court concerned, forthwith.

Order Date :- 13.12.2024 VKS

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