Allowed

Trishul Dhari Singh Alias T.D Singh v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Allahabad HC20 Mar 2024/1214/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash charge-sheet and proceedings regarding offences under Sections 147/148/149/308/324/336 IPC. Court relied on precedents allowing compounding of non-compoundable offences. Verified compromise deed deemed genuine. Proceedings quashed.

What did the court decide?

Quashed the impugned Charge-Sheet dated 10.02.2014 and all consequential proceedings arising therefrom.

Trishul Dhari Singh Alias T.D Singh Vs State of U.P… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:24349

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 1214 of 2024

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Applicant :- Trishul Dhari Singh Alias T.D Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And Another Counsel for Applicant :- Ritwick Rai,Aviral Raj Singh,Dhruv Kumar Singh Counsel for Opposite Party :- G.A.,Palash Banerjee,Vaibhav Tiwari

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the petitioner as well as Sri Sushil Kumar Pandey, learned AGA for the State and Sri Palash Banerjee, Advocate on behalf of opposite party no. 2.

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This Court vide order dated 22.2.2024 directed the parties to file compromise deed before the court below concerned and the court below was directed to verify the contents and parties of the compromise deed.

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In the present case, the sections involved are 147/148/149/308/324/336 IPC.

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In compliance of the aforesaid order, compromise deed was filed before the court below concerned and the same vide its report dated 01.3.2024 has verified the contents and parties of the compromise deed and submitted his report to the extent that the parties and contents of the compromise deed are genuine and they have entered into the compromise by free-will.

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Learned counsel for the opposite party no. 2 has submitted that the parties in dispute are not interested to pursue the criminal case.

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The Apex Court in re: Unnikrishnan alias Unnikuttan vs. State of Kerala reported in (2018) 15 Supreme Court Cases 343 has observed that even if the offence (s) in question is / are not compoundable within the scope of section 320 Cr.P.C. even then considering the facts and circumstances of the case in question the Constitutional Court may allow the parties to compound such offence(s) on the basis of compromise arrived at between the parties.

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Not only the above considering the facts and circumstances of the issue in question and other dictums of Hon'ble Apex Court in re: B.S. Joshi and others Vs. State of Haryana and

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Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471; Parbatbhai AAhir vs. State of Gujarat (2017) 9 SCC 641 the impugned Charge-Sheet dated 10.02.2014 (Annexure No. 2 to the application) against the applicant vide Sessions Trial No.- 1756/2023, Crime No. 302/2013 titled as, 'State versus Trishul Dhari Singh alias TD Singh', under Sections 147/148/149/308/324/336 IPC, PSHasanganj, District-Lucknow, cognizance / summoning order dated 22.02.2016 (Annexure No. 3 to the application), passed in the then Case No.-846/2016 (now changed to Sessions Trial No. 1756/ 2023), arising out of Crime No. 302 / 2013 (supra) and the entire consequential proceedings pursuant to the impugned Charge-Sheet (supra) are hereby quashed .

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The petition is allowed .

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Order Date :- 20.3.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Trishul Dhari Singh Alias T.D Singh v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

Trishul Dhari Singh Alias T.D Singh v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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