This single judge dismissed an application under Section 482 Cr.P.C. seeking to quash criminal proceedings based on a compromise. The court refused the prayer, citing the gravity of the offence and the presence of grievous injuries that preclude compounding.
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Neutral Citation No. - 2023:AHC:187216
Court No. - 88
Case :- APPLICATION U/S 482 No. - 28315 of 2023
Applicant :- Rais Ahmad And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nand Kishor Mishra,Shilpa Ahuja Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1-Heard learned counsel for the applicants and learned Additional Government Advocate for the State of U.P./opposite party no. 1.
2-This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 04.06.2021, cognizance order dated 09.09.2022, order dated 26.06.2023 passed by Chief Judicial Magistrate, Amroha whereby the learned Magistrate rejected the compromise application filed by the complainant and entire proceedings of Criminal Case No. 4162 of 2022 (Sate Vs. Rais and others) arising out of Case Crime No. 30 of 2021, under Sections 147, 148, 149, 342, 308, 323 I.P.C., Police Station-Didauli, District-Amroha, pending in the Court of learned Chief Judicial Maigistere, Amroha on the basis of compromise between the parties concerned.
3-As per the prosecution case in brief, opposite party no.2 lodged F.I.R. on 26.01.2023, under Sections 147, 148, 149, 323, 452, 354, 342 I.P.C. against the applicants with the allegations inter-alia that the applicants who belong to his village barged into his house with country made pistol and Danda and started committing misdeed with Hasin w/o Mohd. Ashkar and Bhuri w/o Iktedar and shot fire by country made pistol. On hearing the noise, when his nephew Zaki came there, he was beaten by the applicants with lathi and knife and taken away the injured. On receiving information, police rushed to the spot and rescued him from the applicants.
4-It is submitted by learned counsel for the
applicants that after submission of charge-sheet, parties concerned have settled their dispute by way of compromise outside the Court and a compromise application has been filed as Annexure No. 7 to the afÏdavit. On the strength of said compromise, it is submitted that the criminal proceeding, pursuant to aforesaid charge-sheet against the applicants, is liable to be quashed.
5-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.
6-Having heard the submission of learned counsel for the parties and perusing the record, I find that following injuries have been received by injured-Jaggi :-
(i) Swelling 5 cm x 5 cm on left side of forehead 4 cm above from left eyebrow irregular shaped and margin. Adv. X-Ray skull.
(ii) Abrasion (multiple) 2 cm x 0.2 cm on left side of forehead 1 cm above from left eyebrow irregular shaped and margin.
(iii) Abrasion 2 cm x 0.5 cm on the nose irregular shaped and margin. Adv. X-Ray.
(iv) Swelling 5 cm x 5 cm on the nose irregular shaped and margin. Adv. X-Ray
(v) contusion 7 cm x 3.5 cm on right Forearm 5 cm above from right wrist irregular shaped and margin.
(vi) Contusion 4 cm x 2 cm on left wrist irregular shaped and margin. Adv. X-Ray.
(vii) Lacerated wound 3 cm x 1 cm on Right leg 11 cm above from ankle joint irregular shaped and margin.
(Viii) Lacerated wound 2 cm x 0.5 cm on left leg 6 cm above from left ankle joint irregular shaped and
margin.
(ix) Contusion 12 cm x 3 cm lately right thigh outshaped and margin.
(x) Abrasion 5 cm x 1 cm on right thigh just 1 cm below from injury no.9 irregular shaped and margin.
(xi) Lacerated wound 3 cm x 1 cm left knee irregular shaped and margin. Adv. X-Ray.
(xii) Lacerated wound 1 cm x 1 cm on the left knee irregular shaped and margin.
As per supplementary report injury no.1 is grievous in nature and dangerous to life. Other injuries are simple in nature.
7-Considering the gravity of offence and nature of injuries as noted above, I do not find any good ground to compound the offence in the light of judgment of the Apex Court in the case of State of Madhya Pradesh vs. Laxmi Narayan and others, (2019) 5 SCC 688 as well as in the case of Daxaben vs. The State of Gujarat, 2022 SCC OnLine SC 936 .
8-Accordingly, the relief as sought by the applicants is refused.
9-The application lacks merit and is accordingly, dismissed.
10-OfÏce is directed to send a copy of this order to the concerned court below within a week for necessary information.
Order Date :- 26.9.2023 Kashifa
Digitally signed by :- KASHIFA High Court of Judicature at Allahabad
2 issues framed by the court
Whether criminal proceedings arising from offences under Sections 147, 148, 149, 308, 323 IPC can be quashed in view of a compromise between parties?
Whether a grievous injury renders the offence non-compoundable precluding quashability under Section 482 Cr.P.C.?
Colour shows how this judgement treated each authority
State of Madhya Pradesh vs. Laxmi Narayan and othersReferred¶27
State of Madhya Pradesh vs. Laxmi Narayan and others, (2019) 5 SCC 688 · Who else cites this
Daxaben vs. The State of GujaratReferred¶27
Daxaben vs. The State of Gujarat, 2022 SCC OnLine SC 936 · Who else cites this
3 provisions across 2 enactments
Rais Ahmad And 6 Others
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
