Allowed

Hajura Singh and Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Allahabad HC18 Dec 2024A482/6729/2023

Case brief

AI extract

What is this about?

The Allahabad High Court quashed an impugned order in an application under Section 482 Cr.P.C. relying on a verified compromise between the parties and Apex Court precedents, holding that no useful purpose would be served in continuing the proceedings.

What did the court decide?

Quash the order dated 17.2.2023 passed in Case Crime No.0203 of 2021, under Sections 376, 506, 352 IPC, Section 3/4 D.P. Act, Police Station Sampurna Nagar, District Lakhimpur Kheri.

Hajura Singh and Others Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:85189

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 6729 of 2023

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Applicant :- Hajura Singh And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Udai Bhan Pandey,Pankaj Gupta,Rahul Srivastava Counsel for Opposite Party :- G.A.,Dharmendra Kumar Gupta

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Hon'ble Rajeev Singh,J.

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Heard, learned counsel for the applicants, 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 application under Section 482 Cr.P.C. has been filed for quash the order dated 17.2.2023 passed in Case Crime No.0203 of 2021, under Sections 376, 506, 352 I.P.C., Section 3/4 D.P. Act, Police Station Sampurna Nagar, District Lakhimpur Kheri.

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Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 25.7.2024 a direction was given to the Senior Registrar to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the Senior Registrar verify the contents of compromise and it was duly verified.

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Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the Senior Registrar vide report dated 30.8.2024.

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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 the 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

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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 order dated 17.2.2023 passed in Case Crime No.0203 of 2021, under Sections 376, 506, 352 I.P.C., Section 3/4 D.P. Act, Police Station Sampurna Nagar, District Lakhimpur Kheri, 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 :- 18.12.2024 Gaurav/-

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

Hajura Singh and Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Case brief

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Hajura Singh and Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Case brief

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