Allowed

Mannu Singh and 4 Others v. State of U.P. and Another

Allahabad HC16 Mar 2023A482/2752/2022

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings arising from an altercation offense. Agreeing with applicant counsel that a dispute was amicably settled, the Court noted that the lower court had already verified the compromise. Relying on Supreme Court precedents allowing compromise in such cases, the Court quashed the trial proceedings.

What did the court decide?

Proceedings of Sessions Trial No.280 of 2018 under Sections 147, 148, 149, 323, 308 IPC are quashed.

Mannu Singh and 4 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 2752 of 2022

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Applicant :- Mannu Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudarshan Singh,Anurag Pandey Counsel for Opposite Party :- G.A.,Kumar Ashutosh Srivastava

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicants, the learned Additional Government Advocate for the State and learned counsel for opposite party no.2 as well as perused the materials on record.

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This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings as well as stay the further proceedings of Sessions Trial No.280 of 2018 (State Vs. Mannu Singh and others), arising out of Case Crime No.56 of 2018, under Sections 147, 148, 149, 323, 308 I.P.C., Police StationKudhfatehgarh, District-Sambhal, pending in the Court of District & Sessions Judge, Sambhal at Chandausi.

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On 09.02.2022, the Court has passed following order:

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"Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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Learned counsel for the applicants submitted that parties have entered into compromise and they have settled their dispute amicably. Compromise deed is annexed at page nos. 30 to 32 of the paper book.

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Whether any compromise has taken place or not can best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.

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Learned counsel for the applicants undertakes to ensure the presence of parties before the court below or any other transferee court, as the case may be, on 18.02.2022 and the court concerned, thereafter, shall ascertain the veracity of the compromise.

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If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court.

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Parties are also directed to produce the certified copy of this order before the court concerned on the date fixed before it.

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List on 04.03.2022 as fresh.

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Till then further proceeding of Sessions Trial No. 280 of 2018 (State v. Mannu Singh and others) arising out of Case No. 56 of 2018, under Section 147, 148, 149, 323, 308 I.P.C., P.S. Kudhfatehgarh, District Sambhal, pending in the court of District & Sessions Judge, Sambhal at Chandausi, qua the applicants, shall remain stayed."

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Pursuant to the above order, the District Judge, Sambhal at Chandausi vide order dated 25.02.2022 has verified the compromise so entered into between the parties. Certified copies of the order of the District Judge, Sambhal at Chandausi dated 25.02.2022 and the compromise have been brought on record.

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Learned counsel for the applicants submits that in view of compromise so entered into between the parties, which has also been verified by the court below, the entire proceedings of the aforesaid criminal case are liable to be quashed.

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Learned counsel for opposite party no.2 has also not denied the aforesaid facts. On instructions received from opposite party no.2, he submits that he has no objection, if the proceedings in the aforesaid case are quashed.

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This Court is not unmindful of the following judgements of the Apex Court:

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B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675 ,

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Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677 ,

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Manoj Sharma Vs. State and Others; (2008) 16 SCC 1 ,

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

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

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In the aforesaid judgments, 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. & Another; 2013

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(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 as the parties have already settled their dispute.

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Accordingly, the proceedings of Sessions Trial No.280 of 2018 (State Vs. Mannu Singh and others), arising out of Case Crime No.56 of 2018, under Sections 147, 148, 149, 323, 308 I.P.C., Police Station-Kudhfatehgarh, District-Sambhal, pending in the Court of District & Sessions Judge, Sambhal at Chandausi, 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 :- 16.3.2023 Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Mannu Singh and 4 Others v. State of U.P. and Another

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Mannu Singh and 4 Others v. State of U.P. and Another

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