Mahmood Alias Mahemood Khan and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and 3 Others

Court No. - 13 Case :- APPLICATION U/S 482 No. - 11773 of 2024 Applicant :- Mahmood Alias Mahemood Khan And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Arshad Ahsan Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Shri Ashutosh Bajpai, Advocate on behalf of the opposite party Nos.2, 3 & 4 is taken on record.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party nos.2, 3 & 4 and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to pass an order to quash the impugned charge sheet no. 402 of 2020 dated 21.11.2020, the impugned cognizance order dated 25.02.2021 and the impugned order dated 21.04.2022, by which charges have been framed against the applicants, in relation to S.T. No. 758 of 2021, state vs Mahmood and others relating to F.I.R. No-0004 of 2020 Under Sections-147,148,323,504,506,452,307 IPC, Police Station-Shivgarh, District-Raebareli and further quash the entire criminal proceeding of S.T. No. 758 of 2021 State Vs. Mahmood and others arising thereon and pending in the court of Sessions Judge, Raebareli (contained as Annexure No. 2, 3 and 4 to this application)."

¶4Learned counsel for the applicants as well as learned counsel for opposite party Nos.2, 3 & 4 jointly submitted that vide order dated 25.11.2024, 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.

¶5Learned counsel for the applicants and learned counsel for opposite party nos. 2, 3 & 4 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated 03.12.2024.

¶6Learned 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.

¶7Hon'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.

¶8In 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.

¶9For the discussions made above, the present application is allowed. The impugned charge sheet no. 402 of 2020 dated

21.11.2020 as well as the impugned cognizance order dated

25.02.2021 including the impugned order dated 21.04.2022, by which charges have been framed against the applicants, in relation to S.T. No. 758 of 2021, State vs Mahmood and others, relating to F.I.R. No.0004 of 2020 under Sections-147, 148, 323, 504, 506, 452, 307 IPC, Police Station-Shivgarh, District-Raebareli and the entire criminal proceeding of S.T. No. 758 of 2021 are hereby quashed.

¶10Office is directed to communicate this order to learned trial Court, forthwith. Order Date :- 20.12.2024 Arpan High Court of Judicature at Allahabad, Lucknow Bench