Allowed

Bhaiyya Ram @ Bhai Lal and 3 Others v. State of U.P. and Another

Allahabad HC17 May 2023A482/29719/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the Allahabad High Court quashed criminal proceedings involving Sections 308, 323, and 504 IPC. The court found that the dispute was amicably settled via a compromise deed verified by the trial court as voluntary and genuine, warranting quashing.

What did the court decide?

The entire proceedings of Session Trial No. 332 of 2014 arising out of Case Crime No. 402 of 2012 are quashed.

Bhaiyya Ram @ Bhai Lal and 3 Others Vs… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:107655

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 29719 of 2022

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Applicant :- Bhaiyya Ram @ Bhai Lal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Singh Patel,Sudhaker Mishra

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Counsel for Opposite Party :- G.A.,Ajay Kumar Mishra

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Hon'ble Shekhar Kumar Yadav,J.

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Sri Vinay Kumar Mishra, Advocate has filed his Vakalatanama on behalf of the opposite party no.2 today in the Court, the same is taken on record.

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Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel for opposite party no. 2 as well as perused the material available on record.

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The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 23.01.2013 as well as cognizance/summoning order dated 20.03.2013 in Session Trial No. 332 of 2014 (State Vs. Bhaiyya Ram and others) arising out of Case Crime No. 402 of 2012, under Sections 308, 323, 504 I.P.C., Police StationMau Aima, District- Allahabad, pending in the Court of the Additional District Judge, Court No. 13, Allahabad, on the basis of the compromise.

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The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise deed before the Court below. Thereafter, this Court, vide order 22.11.2022, has sent the said compromise deed to the trial court with a direction to get the same

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verified and submit a report.

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Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise deed and the same has been verified by the trial Court, vide order dated 27.02.2023, kept on record of this case.

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In the present case, the sections involved are Sections 308, 323, 504 I.P.C..

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In compliance of the aforesaid order, the court below has verified the contents and parties of the compromise deed and submitted his report dated 27.02.2023 to the extent that the parties and contents of the compromise deed are genuine and they have entered into the compromise by freewill.

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Learned counsel for the opposite party no.2 has submitted that the parties in dispute are not interested to pursue the criminal case.

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Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017)

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9 SCC 641, the entire proceedings of Session Trial No. 332 of 2014 (State v. Bhaiyya Ram and others) arising out of Case Crime No. 402 of 2012, under Sections 308, 323, 504 I.P.C., Police Station- Mau Aima, District- Allahabad, pending in the Court of the Additional District Judge, Court No. 13, Allahabad are hereby quashed.

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Accordingly, the instant application is allowed.

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Order Date :- 17.5.2023 Krishna*

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

Bhaiyya Ram @ Bhai Lal and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Bhaiyya Ram @ Bhai Lal and 3 Others v. State of U.P. and Another

Case brief

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