The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings under Sections 323 and 308 IPC arising from a verified compromise between parties, viewing continued prosecution as futile and harassing.
The criminal proceedings in Criminal Case No. 35349 of 2022 under Sections 323 & 308 IPC were quashed.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 10532 of 2023
Applicant :- Devi Sharan Singh And 2 Others Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Ishwar Chandra Tyagi,Adarsh Bhushan
Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Mr. Anup Kumar Dubey, appearing on behalf of Mr. Adarsh bhushan, learned counsel for the applicants and leaned AGA for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the proceedings in Criminal Case No. 35349 of 2022, State vs. Harsh Prakash Rao & others, (arising out of Case Crime No. 3 of 2022) under Sections 323 & 308 IPC,P.S. Noorpur, District Bijnor, pending in the Court of Chief Judicial Magistrate, Bijnor.
In compliance with the order of this Court dated 29.03.2023, this Court has received a report dated 05.04.2023 from the Chief Judicial Magistrate, Bijnor, reporting that the compromise between parties has been verified. Along with the report, a copy of the order dated 05.04.2023 verifying the compromise and a xerox copy of compromise application dated 06.01.2023 have been enclosed.
Learned AGA submits that looking to the nature of injuries and the dispute that is there between parties, the State, though only a forerunner of the prosecution, would not have much concern with the matter, inasmuch as, the nature of the acts involved do not have wide social impact.
A perusal of the papers shows that the parties have duly verified the compromise and in terms of the compromise they do not wish to prosecute the case any further.
The purport of the compromise is that the complainant/opposite party does not want to prosecute the impugned proceedings any further. Since the offences charged are not compoundable, the applicants have approached this Court invoking our jurisdiction under Section 482 Cr.P.C. to quash the proceedings.
Upon hearing learned counsel for the parties, perusing the compromise and its verification by the learned Magistrate, this
Court is of opinion that permitting the proceedings impugned to continue would be an exercise in futility and harassment of parties. It would also lead to wastage of time, energy and resources with no profit to anyone. In the circumstances, in order to prevent abuse of process of Court and to secure the ends of justice, this Court is of the opinion that the impugned proceedings ought to be quashed.
In the result this application succeeds and is allowed.
The proceedings of Criminal Case No. 35349 of 2022, State vs. Harsh Prakash Rao & others, (arising out of Case Crime No. 3 of 2022) under Sections 323 & 308 IPC, P.S. Noorpur, District Bijnor, pending in the Court of Chief Judicial Magistrate, Bijnor, are hereby quashed.
An entry shall be caused to be made in the G.D. of Police Station Noorpur that all proceedings arising out of Case Crime No. 03 of 2022 stand quashed under orders of this Court. It shall be ensured by Chief Judicial Magistrate, Bijnor, that this part of the order is carried out in the GD of the Police Station concerned.
Let a copy of this order be forwarded to the Chief Judicial Magistrate, Bijnor through the learned Sessions Judge, Bijnor and the S.H.O., P.S. Noorpur, through the Superintendent of Police, Bijnor, by the Registrar (Compliance) within a week. Order Date :- 6.4.2023 Vijay
Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal proceedings under Sections 323 and 308 IPC ought to be quashed under Section 482 Cr.P.C. despite the offences being non-compoundable, due to verified compromise and absence of soc
1 provisions across 1 enactments
Devi Sharan Singh And 2 Others
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
