Dharmendra Kumar Yadav v. State Of U.P. Thru. Prin. Secy. Home Lko

Vakalatnama filed by Shri Ashish Kumar Tiwari, Advocate on behalf of the opposite party No.2 is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., learned counsel for the opposite party no. 2 and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 25.12.2017 as well as entire proceedings of Criminal Case No. 394 of 2018; State Versus Dharmendra Kumar Yadav, arising out of Case Crime No 636 of 2017, Under Section - 406 and 420 IPC at police station- Kotwali Nagar, District- Gonda, pending in the court of Chief Judicial Magistrate, Gonda.

Learned counsel for the applicant as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 03.01.2025, a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court concerned had verified the contents of compromise.

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 concerned vide report/order dated 03.02.2025.

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 concerned.

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.

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.

For the discussions made above, the present application is allowed and charge sheet dated 25.12.2017 as well as entire proceedings of Criminal Case No. 394 of 2018; State Versus Dharmendra Kumar Yadav, arising out of Case Crime No 636 of 2017, Under Section - 406 and 420 IPC at police station- Kotwali Nagar, District- Gonda, pending in the court of Chief Judicial Magistrate, Gonda are hereby quashed.

Office is directed to communicate this order to trial court forthwith. Order Date :- 24.2.2025 V. Sinha