Vishwajeet @ Vishwajeet Singh And 2 Others v. State Of U.P. Thru. Prin. Secy. Home Lko

#1. Vakalatnama filed by Shri Vipin Mishra, Advocate on behalf of the opposite party Nos.2 and 3 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 nos.2 and 3 and perused the record.

#3. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Session Trial No. 237/2018, 'State Vs Vishwajeet & others', pending before the court of Learned Additional Sessions Judge, Court No.17, Lucknow, arising out of F.I.R./Case Crime No. 521/2017, under sections - 364, 355, 307 I.P.C. read with Section-34 I.P.C. & Section 27 Arms Act, Police Station - Para, District - Lucknow.

#4. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 16.12.2024, 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.

#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 07.01.2025.

#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 entire proceedings of Session Trial No. 237/2018, 'State Vs Vishwajeet & others', pending before the court of Learned Additional Sessions Judge, Court No.17, Lucknow, arising out of F.I.R./Case Crime No. 521/2017, under sections - 364, 355, 307 I.P.C. read with Section-34 I.P.C. & Section 27 Arms Act, Police Station - Para, District - Lucknow are hereby quashed. Order Date :- 28.2.2025 V. Sinha