SANTOSH KUMAR SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/1739/2025 · 2025-02-28
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125355 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125355 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12300 Court No. - 13 Case :- APPLICATION U/S 482 No. - 1739 of 2025 Applicant :- Santosh Kumar Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ashish Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Vakalatnama filed by Shri Anjani Kumar Shukla and Shri Karan Singh, Advocates on behalf of respondent no. 2 is taken on record. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State and learned counsel appearing for respondent no. 2. 3. The present application has been filed with a prayer to quash the summoning order dated 18.08.2010 passed in Case Crime No. 271 of 2010, under Sections 419, 420, 467, 468, 471, 406, 34 I.P.C. and Section 138 N.I. Act, P.S. Rehra Bazar, District Balrampur. 4. Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submit that in pursuance of the earlier order dated 18.12.2024 passed in Application u/s 482 No. 11548 of 2024, the matter was sent before the court below for verification of the compromise deed. 5. It is evident from the record that the factum of the compromise has been verified by the court below vide his report dated 16.01.2025. The compromise deed is appended as Annexure 5 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicant. 6. Learned A.G.A. fairly concedes that compromise has been effected between the parties and the same has duly been verified by the court below. 7. Hon'ble Apex Court, in catena of decisions, viz., 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, has held that inherent power can be used to do real and substantial justice. 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 fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of the compromise, no useful purpose would be served in proceeding with the matter any further. 9.
For the discussions made above, the present application is allowed. 10. Summoning order dated 18.08.2010 passed in Case Crime No. 271 of 2010, under Sections 419, 420, 467, 468, 471, 406, 34 I.P.C. and Section 138 N.I. Act, P.S. Rehra Bazar, District Balrampur are hereby quashed. 11. Office is directed to send a copy of this order to the court concerned, forthwith. Order Date :- 28.2.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench