Allowed

Anuj Kumar Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Allahabad HC24 Oct 2024A482/9630/2024

Case brief

AI extract

What is this about?

Court allowed Section 482 Cr.P.C. application and quashed criminal proceedings under Sections 376, 504, 506 I.P.C. after ascertaining that parties entered into a verified compromise and desired to end the proceedings.

What did the court decide?

Entire Criminal proceeding of Case No.17/2016 arising out of Case Crime No.260 of 2013 is quashed.

Anuj Kumar Singh vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:72018

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9630 of 2024

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Applicant :- Anuj Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Jai Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Sri Yogesh Soni, Advocate on behalf of the opposite party no.2 is taken on record.

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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 quashing the proceeding of Case No.17/2016 arising out of Case Crime No.260 of 2013 under Sections 376, 504, 506 I.P.C., Police Station Sareni, District Raebareli.

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Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 26.9.2024 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 court below, 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 court below vide report dated 4.10.2024.

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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 court below.

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Hon'ble Apex Court in catena of decisions has

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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 entire Criminal proceeding of Case No.17/2016 arising out of Case Crime No.260 of 2013 under Sections 376, 504, 506 I.P.C., Police Station Sareni, District Raebareli, is hereby quashed .

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

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Order Date :- 24.10.2024 Gaurav/-

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

Anuj Kumar Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Case brief

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Anuj Kumar Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Case brief

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