Allowed

Bideshi Rajbhar and 6 Others v. State of U.P. and Another

Allahabad HC5 Jan 2023A482/38514/2022

Case brief

AI extract

What is this about?

The Single Judge allowed the application under Section 482 Cr.P.C. The court accepted the compromise between the parties, which was verified by the trial court. Relying on precedents allowing compromise in cognizable and non-compoundable offences, the court quashed the pending criminal proceedings initiated against the applicant.

What did the court decide?

The criminal proceedings initiated under charge sheet no. 1 dated 10.9.2021 in case no. 17170 of 2022 were quashed.

Bideshi Rajbhar and 6 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 71 Case :- APPLICATION U/S 482 No. - 38514 of 2022 Applicant :- Bideshi Rajbhar And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Singh Counsel for Opposite Party :- G.A.,Brajesh Kumar Dwivedi

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Learned counsel for the applicants and the learned counsel for the opp. party no. 2 are present.

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It is prayed by the learned counsel for the applicants that in compliance of the order dated 24.11.2022, the compromise between the parties has been verified by the trial court and the compromise deed and the order passed thereon by the trial court are appended with the affidavit, so the compromise be accepted.

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The parties have arrived at a compromise. The dispute between the parties is personal. In compliance of the order dated 24.11.2022, the compromise deed presented by the parties before the trial court has been verified vide order dated 14.12.2022 of the trial court. The certified copy of the compromise and the certified copy of the order passed thereon by the trial court have already been placed before the court by way of a supplementary affidavit.

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In Shaifullah and others Vs. State of U.P. and another [ 2013 (83) ACC 278] and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466 as well as in various other judgments, the Apex Court has categorically held that the compromise can be made between the parties even in respect of certain cognizable and non compoundable offence.

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Considering the facts and circumstances of the case and also the submissions advanced by the learned counsel for the parties, no useful purpose would be served keeping the proceedings pending of the aforesaid case. Hence,the compromise between the parties is accepted. The entire proceedings initiated in pursuant to charge sheet no. 1 dated 10.9.2021 submitted in case no. 17170 of 2022, State Vs. Bideshi Rajbhar and others, in case crime no. 64 of 2021, under sections 147, 323, 504, 506, 325, 308 I.P.C. police station Tarwa District Azamgarh pending before Additional Chief Judicial Magistrate, Court No. 14, Azamgarh are hereby quashe

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The present application under section 482 Cr.P.C. is, accordingly allowed.

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Order Date :- 5.1.2023/Gss

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Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad

Bideshi Rajbhar and 6 Others v. State of U.P. and Another

Case brief

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Bideshi Rajbhar and 6 Others v. State of U.P. and Another

Case brief

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