Quashed

Laxmi Narayan and 2 Others v. State of U.P. and Another

Allahabad HC10 Jan 2023A482/12441/2022

Case brief

AI extract

What is this about?

This court quashed criminal proceedings instituted under Sections 420, 120B, 452, 323, 504, and 506 IPC following a compromise between the parties. The court observed that no useful purpose would be served by prolonging the proceedings, relying on various Supreme Court precedents allowing compromise even in certain cognizable offences.

What did the court decide?

The proceedings of the aforesaid Case with respect to the present applicants are hereby quashed.

Laxmi Narayan and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 12441 of 2022

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Applicant :- Laxmi Narayan And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Vinod Kumar Pandey

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, learned AGA for the State and perused the record.

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The present application u/s 482 Cr.P.C. has been filed with the prayer to quash entire proceeding of Case No. 51 of 2022 (State Vs.Laxmi Narayan and others) arising out of Case Crime No. 87 of 2021 under Section 420, 120B, 452, 323, 504, 506 IPC, Police Sation- Chhata, District- Mathura, including chargesheet dated 26.5.2021 and cognizance order dated 7.1.2022 passed by Judicial Magistrate, Chhata, Mathura, in terms of compromise.

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It is submitted that on account of intervention of their wellwishers, a compromise has been arrived at between the parties. The said compromise has been made part of the record.

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Pursuant to the order dated 2.9.2022, the order-sheet dated 22.9.2022 of the Court below has been placed on record, whereby the Court below has verified the compromise entered into between the parties.

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Learned counsel for parties have jointly come with a prayer that there would be no harm and error, it would be the interest of justice that the proceedings may be quashed in the light of the compromise.

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The attention of This Court has been drawn to the following judgements of the Apex Court:-

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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 case.

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In view of the above, the proceedings of the aforesaid Case with respect to the present applicants, 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 :- 10.1.2023 S.Verma

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Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad

Laxmi Narayan and 2 Others v. State of U.P. and Another

Case brief

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Laxmi Narayan and 2 Others v. State of U.P. and Another

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