Allowed

Abdul Rub and 6 Others v. State of U.P. and Another

Allahabad HC9 Oct 2023A482/32915/2023

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. was filed to quash criminal proceedings arising from a dispute where the parties had amicably settled. The trial court verified the compromise deed, and the applicant submitted an injury report indicating simple injuries. Relying on Supreme Court precedents allowing compromise in such cases, the High Court quashed the entire proceedings.

What did the court decide?

The entire proceedings in Complaint Case No.9274 of 2020 arising out of Case Crime No.125 of 2019 under Sections 147, 148, 323, 504, 452, 427 IPC, P.S. Hathgaon, District Fatehpur are quashed.

Abdul Rub and 6 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:193517

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 32915 of 2023

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Applicant :- Abdul Rub And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd Zubair Counsel for Opposite Party :- G.A.,Abdul Momin

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 26.12.2019, cognizance order dated 03.11.2020 as well as entire proceedings in Complaint Case No.9274 of 2020, arising out of Case Crime No.125 of 2019, under Sections 147, 148, 323, 504, 452, 427 I.P.C., P.S. Hathgaon, District Fatehpur, pending before Addl. Civil Judge (JD)/JM, Court No.4, Fatehpur.

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Learned counsel for the applicants submits that parties have amicably settled their dispute out of the Court. Applicants have filed 482 Application No.35875 of 2022, the Hon'ble Court vide order dated 24.03.2023 has referred the matter before trial court for verification of the parties and compromise deed. The trial court vide order dated 04.04.2023 verified the parties through their counsel and verified the compromise deed dated 02.09.2022.

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Supplementary affidavit has been filed by applicants' counsel during course of argument, which is taken on record, by which applicant has filed injury report of the injured, on perusal of injury report, the injuries are simple in nature.

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In view of verification report dated 04.04.2023, it is apparent that parties appeared before the trial court and consented for compromise. The complainant/opposite party no.2 does not want to proceed further with the case and compromise deed and parties are verified by the trial court, hence, proceedings should be quashed and no need to keep the proceedings pending as both the parties have appeared before the court below and trial court has identified both the parties and order has been passed by trial court.

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Learned AGA as well as counsel for opposite party No.2 have no objection with the aforesaid submissions.

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Keeping in view the compromise made between the parties and parties are verified by their counsels and report has been filed with this application and considering the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and noncompoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble 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 learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

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Accordingly, the entire proceedings in Complaint Case No.9274 of 2020, arising out of Case Crime No.125 of 2019, under Sections 147, 148, 323, 504, 452, 427 I.P.C., P.S. Hathgaon, District Fatehpur, pending before Addl. Civil Judge (JD)/JM, Court No.4, Fatehpur is hereby quashed.

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This application under Section 482 CrPC is accordingly allowed .

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Order Date :- 9.10.2023 Nitin Verma

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

Abdul Rub and 6 Others v. State of U.P. and Another

Case brief

What is this about?

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Abdul Rub and 6 Others v. State of U.P. and Another

Case brief

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