Application to quash criminal proceedings in a case of free fight with mutual injuries was refused as liability must be tested at trial. Court directed parties to approach for bail if applicants surrender within 15 days.
Quashing of proceedings refused; bail prayer to be disposed of expeditiously on surrender within 15 days.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 13378 of 2023
Applicant :- Anand And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Faheem Ahmad,Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This application has been filed seeking to quash the entire proceedings of CNR No. UPJPOU-146032022, State vs. Kanchan and others, (arising out of Case Crime No. 143 of 2021), under Sections 323, 504, 325 IPC, P.S Gaura Badshahpur, District Jaunpur, pending in the Court of the Judicial Magistrate-1st, Jaunpur.
The submission of learned counsel for the applicant is that there are NCRs lodged from both sides and both sides have sustained injuries.
It appears that there are cross versions of the same occurrence, where both sides received injuries. It is a case of free fight. It is difficult for this Court exercising our jurisdiction under Section 482 Cr.P.C. to determine which side were the aggressors. The injury report does show that both sides have received injuries. The fact whether the applicants were involved or not is a matter about the applicants' disputed defence, which this Court cannot examine. The question to determine the liability of being the aggressor also is a matter, which has to be tested at the trial. No case for quashing the impugned proceedings is made out. The prayer to quash the proceedings is refused . However, in case the applicants surrender within 15 days of date and apply for bail, prayer for bail in case of each of the applicant shall be disposed of expeditiously by both the Courts below.
This application is disposed of in terms of the aforesaid orders.
Order Date :- 18.4.2023
Deepak
Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the proceedings in sections 323, 504, and 325 IPC can be quashed given cross versions and mutual injuries.
Whether this court can determine the aggressor before trial in a case of free fight with cross complaints.
1 provisions across 1 enactments
Anand And 3 Others
J.J. Munir/J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
