Allowed

Tasleem Ahmad and 5 Others v. State of U.P. and Another

Allahabad HC28 Jun 2022A482/9054/2022

Case brief

AI extract

What is this about?

This court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings based on a compromise between the accused and the victim. Relying on Supreme Court precedents regarding compromise in certain cognizable offences, the court held no useful purpose was served by further proceedings.

What did the court decide?

Proceedings of Case No. 505 of 2019 under Sections 147, 148, 452, 323, 324 and 506 IPC were quashed.

Tasleem Ahmad and 5 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 5

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Case :- APPLICATION U/S 482 No. - 9054 of 2022

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Applicant :- Tasleem Ahmad And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Kumar Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Let the power filed by Shri Alok Kumar Singh, Advocate, on behalf of opposite party No. 2 be taken on rcord.

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This application under Section 482 Cr.P.C. has been filed to quash the charge sheet No. 01 of 2019 along with summoning order dated 26.10.2021 in Case No. 505 of 2019, Case Crime No. 0068 of 2019, under Sections 147, 148, 452, 323, 324 and 506 IPC, Police Station - Bhojpur, District - Ghaziabad, pending before the Additional Chief Judicial Magistrate, Court No. 3, Ghaziabad.

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The argument is that the parties have entered into compromise, as per averment made in para - 14 of the affidavit, filed in support of this application.

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Shri Suresh Kumar Maurya, learned counsel for complainant, has put in appearance on behalf of and submits that the parties have entered into compromise and do not want to proceed with the present case.

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This Court is not unmindful of the judgements of the Apex Court in the cases of:

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1. B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675

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2. Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]

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3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1,

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4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303

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5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

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In the aforesaid cases, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. And another [2013 (83) ACC 278] in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

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Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned complaint case.

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Accordingly, the proceedings of Case No. 505 of 2019, Case Crime No. 0068 of 2019, under Sections 147, 148, 452, 323, 324 and 506 IPC, Police Station - Bhojpur, District - Ghaziabad, pending before the Additional Chief Judicial Magistrate, Court No. 3, Ghaziabad are, hereby, quashed.

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The application is, accordingly, allowed . There shall be no order as to costs.

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Order Date :- 28.6.2022 LBY

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Digitally signed by LAL BAHADUR YADAV Date: 2022.07.06 13:15:58 IST Reason: Location: High Court of Judicature at Allahabad

Tasleem Ahmad and 5 Others v. State of U.P. and Another

Case brief

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Tasleem Ahmad and 5 Others v. State of U.P. and Another

Case brief

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