High Court dismissed a Section 482 application seeking quashing of criminal proceedings on grounds of a post-crime compromise, refusing relief due to the severity of injuries sustained on vital body parts by victims.
Relief to quash the charge-sheet and proceedings under Section 482 Cr.P.C. was refused.
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Neutral Citation No. - 2023:AHC:196138
Court No. - 88
Case :- APPLICATION U/S 482 No. - 28090 of 2023
Applicant :- Rasheed Ahmad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Raj Singh Counsel for Opposite Party :- G.A.,Virendra Kumar Singh
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and Mr. Rabindra Kumar Singh, learned Additional Government Advocate assisted by Mr. Ajay Singh, learned Brief Holder for the State of U.P./opposite party no. 1.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 07.07.2015 and proceedings of case no. 1564 of 2022 (State vs. Rasheed Ahmad and Others) arising out of case crime no. 128/15, under Sections 323, 324, 308, 504 I.P.C., Police Station Hafizganj, District Bareilly on the basis of compromise dated 18.07.2023.
The brief facts of the case which are required to be stated are that the opposite party no. 2-Shamsad Ali lodged a non-cognizable report no. 21 of 2015 against the applicants namely Rasheed Ahmad, Jaleesh Ahmad and Shafik Ahmad alleging interalia that on 15.02.2015 at about 08:15 in the morning when his son Khalid was going to open his shop, accused-applicants surrounded him in front of their house and due to old rivalry, they started abusing and assaulting him whereby he received injuries. F.I.R. also alleges that when Khalid shouted, opposite party no. 2 along with his brother Anwar Ali tried to intervene but the accused-applicants also assaulted them whereby they have also received injuries. The said N.C.R. was converted into F.I.R. U/s 154 Cr.P.C. and after culmination of investigation, charge-sheet dated 07.07.2015 was filed against the applicant, on which the learned Magistrate took cognizance on 21.03.2017 and summoned the applicants to face trial, but till date they were hiding themselves and did not appear before the concerned court below.
It is submitted by learned counsel for the applicants that after submission of charge-sheet dated 07.07.2015, parties concerned have settled their dispute by way of compromise outside the Court on 18.07.2023 and a compromise application dated 18.07.2023 has been filed as Annexure No. 4 to the afÏdavit. On the strength of said compromise, it is submitted that the criminal proceeding, pursuant to aforesaid charge-sheet dated 07.07.2015 against the applicants, is liable to be quashed. Learned counsel for the applicants has placed reliance upon the judgments of the Apex Court in the case of Narinder Singh and Ors. vs. State of Punjab and Another, (2014) 6 SCC 466.
On the other hand, learned A.G.A. opposed the prayer of the applicants by contending that the offence is heinous in nature, therefore, parties concerned cannot be permitted to compound the offence.
Having heard the submission of learned counsel for the parties and perusing the record, I find that Khalid Ali and Anwar Ali have received injuries.
Injuries of Khalid Ali
(i) Incised wound 2cm x 0.3cm right parietal region of skull, 5 cm above from top of right ear.
(ii) Abrasion 1cm x 0.5cm present on the right hand.
(iii) Complaint of pain over left and right forearm.
Injured Khalid Ali was referred for an x-ray and as per his supplementary report, fracture line is seen on the right side of parietal bone.
Injuries of Anwar Ali
(i) Contusion 3cm x 2cm right temporal region of skull, 4 cm above from top of right ear. Tenderness was present.
(ii) Traumatic all over and swelling on mid part and lower part of right forearm. Tenderness was present.
The Apex Court in the case of State of Madhya Pradesh vs. Laxmi Narayan and others , (2019) 5 SCC 688 considering the judgment of Narinder Singh (Supra) has observed that for the purpose of compromise, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate part of the body, nature of weapons used etc.
In the present case, it is not in dispute that injuries of both the injured are on their vital part of the body.
Considering the gravity of offence and nature of injuries as noted above, I do not find any good ground to compound the offence.
Accordingly, the relief as sought by the applicants is refused.
The application lacks merit and is accordingly, dismissed .
OfÏce is directed to send a copy of this order to the concerned court below within a week for necessary information.
Order Date :- 11.10.2023 Saurabh
Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether a compromise settlement justifies quashing proceedings for offences involving injuries to vital parts of the body.
Whether the gravity of offence and nature of injuries permit compounding under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Narinder Singh and Ors. vs. State of PunjabReferred¶9
(2014) 6 SCC 466 · Who else cites this
State of Madhya Pradesh vs. Laxmi NarayanDistinguished¶20
(2019) 5 SCC 688 · Who else cites this
1 provisions across 1 enactments
Rasheed Ahmad
Others
Shamsad Ali
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
