Allowed

Surajpal and 3 Others v. State of U.P. and Another

Allahabad HC24 Mar 2023A482/40277/2022

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings under Sections 323, 504, 506, 452, 308 IPC pending before the Chief Judicial Magistrate, Banda. The court held that since the dispute was amicable and a compromise was verified by the lower court, no useful purpose would be served by continuing the trial.

What did the court decide?

Quashing of entire criminal proceedings Criminal Case no. 2246/IX/2022 pending before C.J.M., Banda.

Surajpal and 3 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 40277 of 2022

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Applicant :- Surajpal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Singh,Suresh Yadav Counsel for Opposite Party :- G.A.,Prabhakar Chandel

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Ajay Singh, learned counsel for the applicants, Mr. Deepak Kumar Prajapti, Advocate holding brief of Mr. Prabhakar Chandel, learned counsel for the informant and Mr. Akhilesh Kumar Srivastava, learned A.G.A. for the State and perused the record.

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On 10.01.2023, the following order was passed:-

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"Heard learned counsel for applicants, Shri Prabhakar Chandel for O.P. No.2 and learned A.G.A.

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Learned counsel for applicants has submitted that the applicants and O.P. No.2 are next door neighbours and on account of trivial dispute, there has been a quarrel between the two groups and in the said incident both sides have suffered injuries. However, subsequently with the intervention of respected members of both the family, they have amicably settled all their disputes and differences and now they do not have any grievance against each other.

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Learned counsel for the applicant has next submitted that in respect of the incident in question, the F.I.Rs. was lodged from both the sides and the police after concluding the investigation has submitted charge sheet in both the cases. However, the proceeding instituted by the applicant against O.P. No.2 Ganpat Singh and two others has already been quashed by this court in Application u/s 482 No. 40381 of 2022 vide order dated 6.12.2022 and as such in view of the compromise made between the parties, the instant proceedings against the applicants be also quashed.

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Learned counsel for the applicants has next submitted that the compromise made between the parties has been filed as Annexure No. 13 to this application which may be verified by the court below.

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Learned counsel for O.P. No.2 has also acknowledged the said compromise.

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In view of the above, the parties are directed to appear before the court below and shall file compromise deed within three weeks and the court below shall verify the said compromise and shall forward its report to this Court by the next date fixed.

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List on 27.2.2023.

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Till then, no coercive action shall be taken against the applicants in case no. 2246/IX/2022, State Vs. Surajpal and others, arising out of case crime no. 115/2021, u/s 323, 504, 506, 452, 308 I.P.C. P.S. Badausa, District Banda pending in the court of C.J.M, Banda."

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In compliance of the aforesaid order, the compromise verification report from Chief Judicial Magistrate, Banda has been kept on record as is evident from office report dated 25.02.2023. A letter of C.J.M., Banda dated 25.01.2023 has been placed along with application as well as order dated 25.01.2023 vide which the compromise has been verified in presence of the parties as well as their respective counsels.

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Learned counsel for the applicants submits that in view of the aforesaid compromise being verified by the court concerned, the entire proceedings of the aforesaid criminal case may be quashed by this Court.

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Learned counsel for the informant as well as learned A.G.A. for the State also affirm that the parties have entered into compromise, they have no objection if the proceedings of the aforesaid case are quashed.

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This Court is not unmindful of the following judgements of the Apex Court:

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B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675;

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Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677;

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Manoj Sharma Vs. State and Others; (2008) 16 SCC 1;

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Gian Singh Vs. State of Punjab; (2012); 10 SCC 303; and

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Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,

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In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences.

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Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC

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278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) in which the law expounded by the 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 counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.

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Accordingly, the entire proceedings of Criminal Case no. 2246/IX/2022, (State Vs. Surajpal and others), arising out of case crime no. 115/2021, u/s 323, 504, 506, 452, 308 I.P.C. P.S. Badausa, District Banda pending in the court of C.J.M, Banda, on the basis of compromise, are hereby quashed .

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The application is, accordingly, allowed . There shall be no order as to costs.

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Order Date :- 24.3.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Surajpal and 3 Others v. State of U.P. and Another

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Surajpal and 3 Others v. State of U.P. and Another

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