Allowed

Prem Lata and 4 Others v. State of U.P. and Another

Allahabad HC7 Apr 2023A482/8993/2023

Case brief

AI extract

What is this about?

Court allowed application under Section 482 Cr.P.C. to quash criminal proceedings. Citing Narinder Singh, Court held that despite grave charge of Section 307 IPC, nature of assault injuries and verified compromise justified quashing to prevent harassment and secure ends of justice.

What did the court decide?

Proceedings in Case No. 3839 of 2021 under Sections 147, 323, 307, 452, 504, 506 IPC quashed.

Prem Lata and 4 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 8993 of 2023

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Applicant :- Prem Lata And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Saqib Counsel for Opposite Party :- G.A.,Ravi Pandey

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Hon'ble J.J. Munir,J.

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Heard Mr. Mohd. Saqub, learned counsel for the applicants, Mr. Ravi Pandey appearing on behalf of opposite party No.2 and leaned AGA for the State.

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This is an application under Section 482 Cr.P.C. seeking to quash the proceedings in Case No. 3839 of 2021, State vs. Jagdish and others, (arising out of Case Crime No. 295 of 2020) under Sections147, 323, 307, 452, 504, 506 IPC, P.S. Kwarsi, District Aligarh, pending in the Court of Chief Judicial Magistrate, Aligarh.

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In compliance with the order of this Court dated 24.03.2023, the Chief Judicial Magistrate, Aligarh has submitted a report dated 01.04.2023 reporting that the parties have verified the compromise. Along with the report, a xerox copy of the order dated 01.04.2023, verifying the compromise and a copy of compromise have been enclosed.

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It is submitted by learned counsel for the applicant that though the case here also involves an offence under Section 307 IPC, but looking to the nature of the assault that was made using sticks and the injuries sustained, it is a case where this Court, within the parameters of the law laid down in Narinder Singh & others v. State of Punjab and another, (2014) 6 SCC 466, may consider acting on the compromise arrived at between parties. This Court has looked into the weapons used and the nature of injuries. We are of the opinion that within the parameters in Narinder Singh (supra) this compromise can be acted.

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Learned AGA states that looking to the nature of the offences, the State, though the forerunner of the prosecution, does not have much objection to advance. The offence is one which does not have wide social ramification.

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A perusal of the papers shows that though this is a case under section 307 IPC, but considering the nature of the injuries, it

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does not fall into that category which has wide ramification in society and the Court may pass such appropriate orders as may be deemed correct to secure the ends of justice.

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The purport of the compromise is that the complainant/opposite party does not want to prosecute the impugned proceedings any further. Since the offences charged are not compoundable, the applicants have approached this Court, invoking our jurisdiction under Section 482 Cr.P.C. to quash the proceedings.

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Upon hearing learned counsel for the parties, perusing the compromise and its verification by the learned Magistrate, this Court is of opinion that permitting the proceedings impugned to continue would be an exercise in futility and harassment of parties. It would also lead to wastage of time, energy and resources with no profit to anyone. In the circumstances, in order to prevent abuse of process of Court and to secure the ends of justice, this Court is of the opinion that the impugned proceedings ought to be quashed.

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In the result this application succeeds and is allowed.

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The proceedings of Case No. 3839 of 2021, State vs. Jagdish and others, (arising out of Case Crime No. 295 of 2020) under Sections147, 323, 307, 452, 504, 506 IPC, P.S. Kwarsi, District Aligarh, pending in the Court of Chief Judicial Magistrate, Aligarh, are hereby quashed.

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An entry shall be caused to be made in the G.D. of Police Station Kwarsi, District Aligarh that all proceedings arising out of Case Crime No. 295 of 2020 stand quashed under orders of this Court. It shall be ensured by Chief Judicial Magistrate, Aligarh, that this part of the order is carried out in the GD of the Police Station concerned.

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Let a copy of this order be forwarded to the Chief Judicial Magistrate, Aligarh through the learned Sessions Judge, Aligarh and the S.H.O., P.S. Kwarsi, through the Superintendent of Police, Aligarh, by the Registrar (Compliance) within a week. Order Date :- 7.4.2023 Vijay

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Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad

Prem Lata and 4 Others v. State of U.P. and Another

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Prem Lata and 4 Others v. State of U.P. and Another

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