- (1.) This petition seeks issuance of a writ in the nature of Certiorari quashing Case Crime No. 1274/2017, under Sections 376 / 313 / 328 I.P.C. and Section 4 of POCSO, Police Station Kotwali Utraula, District Balrampur. Learned Government Advocate has drawn our attention to counter affidavit today and submitted that one accused of case crime No. 1284/2019, has filed a criminal misc. Case No. 5494 (482) of 2019 in which the learned Court has passed the following order which reads as under:- "Heard learned counsel for the applicants, learned AGA for the State of U.P. and learned counsel for the opposite party no. 2 and perused the record. This application under Section 482 Cr.P.C. has been filed to quash the proceedings of Special Case No. 01 of 2018 and Special Case No. 36 of 2018 pending before Additional Sessions Judge, Room No. 1, Balrampur, arising out of charge sheet no. 2 dated 16.05.2018 and charge sheet no. 1 dated 07.01.2018 filed in pursuance to the Case Crime No. 1274 of 2017 under Sections 376 , 313 and 328 IPC and Section 4 of POCSO Act, P.S. Kotwali Utraula, District Balrampur as well as charge sheet mentioned above and summoning order dated 06.07.2018 and summoning order dated 26.02.2018. Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that in pursuance of the earlier order dated 01.08.2019, the matter was sent before the Senior Registrar of this Court for verification of the compromise deed. It is evident from the record that the factum of the compromise has been verified by the Senior Registrar vide his report dated 22.08.2019. The compromise deed is appended as Annexure 10 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicants. Learned AGA has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the Senior Registrar of this Court. 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. 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. For the discussions made above, the present application is allowed. Entire proceedings of Special Case No. 01 of 2018 and Special Case No. 36 of 2018 pending before Additional Sessions Judge, Room No. 1, Balrampur, arising out of charge sheet no. 2 dated 16.05.2018 and charge sheet no. 1 dated 07.01.2018 filed in pursuance to the Case Crime No. 1274 of 2017 under Sections 376 , 313 and 328 IPC and Section 4 of POCSO Act, P.S. Kotwali Utraula, District Balrampur as well as charge sheet mentioned above and summoning order dated 06.07.2018 and summoning order dated 26.02.2018, are hereby quashed."
(2.) Thereafter, a compromise had been made between the parties of Special Criminal Case No. 36/2018 and was settled before the Special Judge, POCSO Act, Additional Sessions Judge, Room No. 1, District Balrampur in which the court below issued an order dated 23.09.2019, directing therein to stop the proceedings of Case Crime No. 1274/2019, under Sections 376 I.P.C. and Section 4 of POCSO, Police Station Kotwali Utraula, District Balrampur. The orders dated 23.09.2019 passed in Case Crime No. 1274/2017 and Special Criminal Case No. 1 of 2018 read as under:- ....[VARNACULAR TEXT OMITTED]....
(3.) In view of the aforesaid, the present writ petition is rendered infructuous and is accordingly dismissed as infructuous.;