Neutral Citation No. - 2023:AHC-LKO:85561

Court No. - 12

Case :- APPLICATION U/S 482 No. - 12714 of 2023

Applicant :- Arif Hussain And 2 Others

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil

Sectt. Lko And Another

Counsel for Applicant :- Sachidanand Mishra,Vijay Prakash

Singh

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

1. Vakalatnama filed by Mr. Prakash Pandey, Advocate on

behalf of the opposite party No.2 is taken on record.

2. 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.

3. This application under Section 482 Cr.P.C. has been filed for

quashing the impugned summoning order dated 30.10.2018

passed by learned Special Judge, SC/ST Act, Lucknow in

Special Trail No. 398/2018, Case Crime No- 537/2018 (Sarkar

vs. Vipul & others) as well as the charge-sheet dated

18.10.2018 U/s 386, 507 I.P.C. & Section 3(2) (V) SC/ST Act

and the proceeding of Special Trail No. 398/2018.

4. Learned counsel for the applicants as well as learned counsel

for opposite party No.2 jointly submitted that vide order dated

09.08.2023 a direction was given to the trial court to verify the

factum of compromise executed by the parties. In pursuance of

the aforesaid order, learned trial court had verified the contents

of compromise.

5. Learned counsel for the applicants and learned counsel for

opposite party no. 2 jointly submitted that the parties have

entered into compromise, which has duly been verified by the

trial court vide report/order dated 22.11.2023.

6. Learned A.G.A. has fairly conceded that compromise has

been effected between the parties and the same has duly been

verified by the trial court.

7. 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

the process of ending the criminal proceedings where the

settlement is arrived at between the parties.

8. 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.

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

allowed and the impugned summoning order dated 30.10.2018

passed by learned Special Judge, SC/ST Act, Lucknow in

Special Trail No. 398/2018, Case Crime No- 537/2018 (Sarkar

vs. Vipul & others) as well as the charge-sheet dated

18.10.2018 U/s 386, 507 I.P.C. & Section 3(2) (V) SC/ST Act,

and the proceedings of Special Trail No. 398/2018 are hereby

quashed.

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

forthwith.

Order Date :- 22.12.2023

Arpan

Digitally signed by :-

ARPAN

High Court of Judicature at Allahabad,

Lucknow Bench