Subedar and Another Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Subedar and Another Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Entire proceedings in Case No.852 of 2014 (Laldhari vs. Subedar and Others) u/S 436 I.P.C., P.S.- Karma, District- Sonbhadra, pending in the court of the learned 1st Additional Civil Judge, Junior Division/Judicial Magistrate, Sonbhadra, quashed.

Issue for consideration

Whether the entire proceedings in Case No.852 of 2014 (Laldhari vs. Subedar and Others) u/S 436 I.P.C. pending before the trial court at Sonbhadra should be quashed under Section 482 Cr.P.C. on the basis of the compromise between the parties verified by the trial court.

Court's answer

The matter was a private dispute between the parties with no larger societal impact, and the parties had arrived at a compromise; on that basis the proceedings were liable to be quashed.

Ratio / Principle

In the light of the Apex Court judgments in Gian Singh v. State of Punjab, Prabatbhai Aahir v. State of Gujarat, Narinder Singh v. State of Punjab and B.S. Joshi v. State of Haryana, the application under Section 482 Cr.P.C. was allowed and the proceedings in Case No.852 of 2014 were quashed.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Anish Kumar Gupta, J.), Neutral Citation 2023:AHC:232254, order dated 7.12.2023 - Application u/S 482 No. 42911 of 2023 (Subedar And Another v. State of U.P. and Another) allowed; entire proceedings in Case No.852 of 2014 (Laldhari v. Subedar and Others) u/S 436 I.P.C., P.S.- Karma, District- Sonbhadra, pending before the learned 1st Additional Civil Judge, Junior Division/Judicial Magistrate, Sonbhadra, quashed. The complaint arose from an incident dated 14/15.01.1985 in which the applicants were alleged to have ablazed (set fire to) the temporary hutments of opposite party no.2. An earlier application (No. 33388 of 2023) was disposed of on 12.10.2023 with liberty to approach the Court after verification of compromise; the trial court verified the compromise on 27.10.2023 after recording the statements of both parties. Treating the matter as a private dispute between the parties with no larger societal impact, and relying on Gian Singh v. State of Punjab, (2012) 10 SCC 303; Prabatbhai Aahir v. State of Gujarat, (2017) 9 SCC 641; Narinder Singh v. State of Punjab, (2014) 6 SCC 466; and B.S. Joshi v. State of Haryana, (2003) 4 SCC 67, the Court quashed the proceedings on the basis of the compromise.

Neutral Citation No. - 2023:AHC:232254

Court No. - 92

Case :- APPLICATION U/S 482 No. - 42911 of 2023

Applicant :- Subedar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rishi Kant Rai,Amit Kumar Rai Counsel for Opposite Party :- G.A.,Sriprakash Rai

Hon'ble Anish Kumar Gupta,J.

1. Heard Sri Rishi Kant Rai, learned counsel for the applicants, Sri Sriprakash Rai, learned counsel for the opposite party no.2 and Sri Uday Bhan, learned A.G.A. for the State.

2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings in Case No.852 of 2014 (Laldhari vs. Subedar and Others) u/S 436 I.P.C., P.S.Karma, District- Sonbhadara, pending in the court of learned 1St Additional Civil Judge, Junior Division/Judicial Magistrate, Sonbhadra.

3. Learned counsel for the applicants submits that with respect to the same prayer, earlier, applicants have filed the Application u/S 482 No. 33388 of 2023 (Subedar And Another vs. State of U.P. and Another) , which was disposed of by this Court, vide order dated 12.10.2023, granting liberty to the applicants to approach this Court after verification of compromise between the parties.

4. Learned counsel for the applicants further submits that in terms of the order dated 12.10.2023, the trial court, vide order dated 27.10.2023, has verified the compromise between the parties after recording the statements of both the parties. Learned counsel for the applicants submits that the allegation against the applicants is that they have ablazed the temporary hutments of the opposite party no.2. The instant case relates to an incident dated 14/15.01.1985. Since, this was a private dispute between the parties and the parties have settled their dispute amicably and the opposite party no.2 has condoned the act of the applicants herein, without any fear and coercion on the part of the applicants, a compromise was arrived at between the parties and was placed before trial court, which has been duly verified by the trial court. Therefore, learned counsel for the applicants has prayed for quashing of the entire proceedings of the instant complaint case lodged against them on the basis of the compromise between the parties.

5. In view of thereof, since, it was a private dispute between the parties and has no larger societal impact and the compromise has been arrived at between the parties, therefore, in the light of the judgements of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003)4 SCC 67 , the instant application is allowed and the proceedings of the Case No.852 of 2014 (Laldhari vs. Subedar and Others) u/S 436 I.P.C., P.S.- Karma, District- Sonbhadara, pending in the court of learned 1St Additional Civil Judge, Junior Division/Judicial Magistrate, Sonbhadra, are hereby quashed .

Order Date :- 7.12.2023 Shubham Arya

Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad