Allowed

Ramavtar Singh v. State of U.P and Another

Allahabad HC23 Jan 2023A482/41265/2022

Case brief

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What is this about?

The High Court allowed an application under Section 482 CrPC to quash criminal proceedings instituted under Sections 323, 504, and 506 IPC. Based on a verified compromise deed between the parties and relying on various Supreme Court precedents, the court held that no useful purpose would be served by prolonging the case and quashed the proceedings.

What did the court decide?

The proceedings of Criminal Case No.1438 of 2021 under Sections 323, 504, 506 IPC are quashed.

Ramavtar Singh Vs State of U.P and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 41265 of 2022

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Applicant :- Ramavtar Singh Opposite Party :- State Of U.P And Another Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard Ms. Jaishree Yadav holding brief of Sri Rajesh Kumar Pandey, learned counsel for the applicant and learned AGA for the State and perused the record.

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This application has been moved with the prayer to quash the charge sheet dated 28.01.2021 and the proceedings of Criminal Case No.1438 of 2021 (State of UP Vs. Ramavtar) arising out of Case Crime No.14 of 2021, under Sections 323, 504, 506 IPC, Police Station Salempur, District Bulandshar pending in the Court of Civil Judge (JD)/Judicial Magistrate, Court No.2, Bulandshahr.

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Learned counsel for the parties submitted that parties settled the matter by way of compromise, copy of the report of verified compromise deed has been placed before the Court, hence proceeding and impugned order is liable to be quashed.

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The attention of this Court has been drawn to the following judgements of the Apex Court:-

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

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2. Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

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3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

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

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

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

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(83) ACC 278 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 the 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 cases.

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The application is, accordingly, allowed.

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In view of the above, the proceedings of Criminal Case No.1438 of 2021 (State of UP Vs. Ramavtar) arising out of Case Crime No.14 of 2021, under Sections 323, 504, 506 IPC, Police Station Salempur, District Bulandshar pending in the Court of Civil Judge (JD)/Judicial Magistrate, Court No.2, Bulandshahr case are hereby, quashed.

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Order Date :- 23.1.2023 Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Ramavtar Singh v. State of U.P and Another

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Ramavtar Singh v. State of U.P and Another

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