Allowed

Mani Gupta v. State of U.P. Thru. Secy. Deptt. of Homes, Lucknow and 4 Others

Allahabad HC20 Feb 2024A482/1555/2024

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings and charge-sheet invoked against Mani Gupta under the IPC due to a verified compromise between the parties, relying on inherent powers under Section 482 Cr.P.C. to serve real justice.

What did the court decide?

The entire proceedings of Case No.116928 of 2022 and charge-sheet No.1 dated 03.05.2021 are hereby quashed.

Mani Gupta vs State of U.P. Thru. Secy. Deptt. of Homes, Lucknow and 4 Others — Allahabad HC (2024) — LawSathi Research

¶1

Neutral Citation No. - 2024:AHC-LKO:14936

¶2

Court No. - 28

¶3

Case :- APPLICATION U/S 482 No. - 1555 of 2024

¶4

Applicant :- Mani Gupta Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Homes, Lucknow And 4 Others Counsel for Applicant :- Deepak Yadav Counsel for Opposite Party :- G.A.

¶5

Hon'ble Brij Raj Singh,J.

¶6

On request, learned counsel for the applicant is permitted to amend the petition during the course of the day.

¶7

Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., and perused the record.

¶8

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.116928 of 2022 and the charge-sheet No.1 dated 03.05.2021 filed in case crime no.263 of 2021 under sections 381,511,504,506, 406 IPC, Police Station Chinhat, Lucknow.

¶9

Learned counsel for the applicant has submitted that vide order dated 19.01.2023 passed in Application U/S 482 No.469 of 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.

¶10

Learned counsel for the applicant has submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide report/order dated 06.04.2023.

¶11

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.

¶12

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

¶13

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.

¶14

In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter 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.

¶15

For the discussions made above, the present application is allowed and the entire proceedings of Case No.116928 of 2022 and the charge-sheet No.1 dated 03.05.2021 filed in case crime no.263 of 2021 under sections 381,511,504,506, 406 IPC, Police Station Chinhat, Lucknow are hereby quashed .

¶16

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

¶17

Order Date :- 20.2.2024 dk/

¶18

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

Mani Gupta v. State of U.P. Thru. Secy. Deptt. of Homes, Lucknow and 4 Others

Case brief

What is this about?

What did the court decide?

Mani Gupta v. State of U.P. Thru. Secy. Deptt. of Homes, Lucknow and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sudhir Kumar Srivastava Vs State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and 2 Others

Suraj Verma Vs State of U.P. Thru. Prin. Secy. Home, Civil Sectt. U.P. Govt. Lko. and Another

Sayed Shane Haider Naqvi Vs State of U.P. Thru. Its Addl. Chief Secy. (Home), Lucknow and Another

Praveen Kumar Arya Vs State of U.P. Thru. Home Secy. Govt. of U,P. Distt. Lko. and Others

Nihal Kharwar @ Nihal Kumar @ Nihal Kumhar Vs State of U.P. Thru. Prin. Secy. Home, Lko.

Raj Kumar Yadav and 3 Others Vs State of U.P. Thru. Secy. Home Civil Secrt. Lko. and Another