Dismissed

Nem Singh and 3 Others v. State of U.P. and Another

Allahabad HC13 Jan 2023A482/30813/2022

Case brief

AI extract

What is this about?

In two applications under Section 482 CrPC filed by Nem Singh and Jaipal Singh challenging Sessions trials based on a compromise, the Allahabad High Court dismissed the applications. The Court held that since the sessions trials arose from the same incident and injuries were not yet conclusively classified as non-grievous, the proceedings could not be quashed.

What the court decided

AI extract

Nem Singh and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 30813 of 2022

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Applicant :- Nem Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Purushottam Dixit,Jitendra Kumar,Keshav Hari Dixit Counsel for Opposite Party :- G.A.

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and

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Case :- APPLICATION U/S 482 No. - 30569 of 2022

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Applicant :- Jaipal Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Supplementary affidavit filed by learned counsel for applicant in Criminal Misc. Application No. 30813 of 2022 (Nem Singh and 3 others Vs. State of U.P. and another) in court today is taken on record.

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Heard Mr. Purushottam Dixit, the learned counsel for applicants in Criminal Misc. Application No. 30813 of 2022 (Nem Singh and 3 others Vs. State of U.P. and another), Mr. Raj Kumar Mishra, the learned counsel for applicants in Criminal Misc. Application No. 30569 of 2022 (Jaipal Singh and 4 others Vs. State of U.P. and another) and the learned A.G.A. for State

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Perused the record.

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Criminal Misc. Application No. 30813 of 2022 (Nem Singh and 3 others Vs. State of U.P. and another) has been filed challenging the entire criminal proceedings of Sessions Trial No.227 of 2016 (State Vs. Nem Singh and others) arising out of Case Crime No. 174 of 2015, under Sections 307 and 323 I.P.C., Police Station-Usrahar, District-Etawah, now pending in

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the Court of learned Sessions Judge, Etawah on the basis of compromise entered into by the parties.

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Criminal Misc. Application No. 30569 of 2022 (Jaipal Singh and 4 others Vs. State of U.P. and another) has been filed challenging the entire proceedings of Sessions Trial No.228 of 2016 (State Vs. Nem Singh and others) arising out of Case Crime No. 193 of 2015, under Sections 323, 324, 325, 504 I.P.C., Police Station-Usrahar, District-Etawah, now pending in the Court of learned Sessions Judge, Etawah on the basis of compromise entered into by the parties

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At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that aforementioned sessions trials numbers are connected as they arise out of same incident. In the present case, F.I.Rs. giving rise to aforementioned sessions trials are the cross-versions of the same occurrence. It is next contended by learned A.G.A. that in view of law laid down by Apex Court in State of M.P. Vs. Laxmi Narayan and others (2019) 5SCC 688 , aforementioned criminal proceedings cannot be quashed on the basis of compromise. Referring to the injury reports of the injured, copies of which are annexed with supplementary affidavit as Annexures 1 and 2, learned A.G.A. submits that it cannot be said at this stage that injury sustained by injured are neither grievous nor fatal. On the above premise, the learned A.G.A. submits that in view of the law laid down by Apex Court as noted above, the proceedings of aforementioned sessions trials cannot be quashed on the basis of compromise. He therefore contends that present applications are liable to be dismissed.

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When confronted with above, the learned counsel for applicants could not overcome the same.

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In view of the above, present applications fail and are liable to be dismissed.

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Accordingly, both the application are dismissed.

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Order Date :- 13.1.2023 YK

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

Nem Singh and 3 Others v. State of U.P. and Another

Case brief

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Nem Singh and 3 Others v. State of U.P. and Another

Case brief

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