Rajjo and 4 Others v. State of U.P. and Another
Case brief
What is this about?
In this Section 482 CrPC application, the High Court dismissed the petition seeking to terminate criminal trial proceedings via compromise. The court held that the offence under Section 304 IPC is non-compoundable and relied on Supreme Court precedents to dismiss the application as it was not liable to be admitted.
What the court decided
Court No. - 83
Case :- APPLICATION U/S 482 No. - 3750 of 2021
Applicant :- Rajjo And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ashish Goyal, learned counsel for applicants and learned AGA for Sate.
This application under Section 482 Cr.P.C. has been filed challenging entire proceedings of Special Sessions Trial No. 356 of 2008 (State vs. Sindhi and others) arising out of Criminal Misc. No. 217 of 2006 under Sections 147, 149, 304, 504 IPC, Police Station Achhnera, District Agra, pending in the Court of Additional District and Session Judge, Court No.14, Agra in view of compromise entered into between the parties.
Record shows that in respect of an incident, which occurred on 14.06.2020, a prompt FIR dated 14.06.2020 was lodged by first informant, opposite party-2 namely Narendra Kumar and was registered as Case Crime No. 93 of 2006 under Sections 147, 149, 308, 504 IPC, Police Station Achhnera, District Agra. In aforesaid FIR seven persons namely Sindhi, Rajjo, Khemchandra, Ravindra, Hari Om, Guddi and Ramvati have been nominated as named accused. Immediately after lodging an FIR aforementioned, injured Heera Lal died. Accordingly, Section 304 IPC was added.
After registration of above mentioned FIR, Investigating Officer proceeded with statutory investigation of concerned case crime number in terms of Chapter-XII Cr.P.C. On the basis of material collected by Investigating Officer during course of investigation, he concluded that complicity of named accused is established in the crime in question. Accordingly Investigating Officer submitted charge sheet dated 27.09.2006 whereby named accused have been charge sheeted under Sections 304, 308, 147, 149, 504 IPC. After submission of aforesaid charge sheet, concerned Magistrate took cognizance upon same. Since offence complained of is triable by Court of Sessions, accordingly, concerned Magistrate committed the case to Court of Sessions.
Issues for consideration
3 issues framed by the court
Whether an application to terminate trial proceedings on the basis of a compromise is maintainable under Section 482 CrPC when the offence is non-compoundable.
Whether a fresh application can be entertained when a similar application was already decided.
Whether proceedings under Sections 147, 149, 304 IPC can be terminated on the basis of a compromise.
Parties & counsel
- applicant
Rajjo And 4 Others
Coram
Rajeev Misra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- A482/3750/2021
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