Allowed

Surya Pratap and 4 Others v. State of U.P. Thru. A.C.S Prin. Secy. Deptt. Home Lko. and 3 Others

Allahabad HC6 Mar 2024/1510/2024

Case brief

AI extract

What is this about?

Two applicants sought quashing of criminal proceedings under Section 482 CrPC arising from cross FIRs involving disputed incidents. The court noted that victims in one case had no serious injuries and old fractures in the other. Since both parties had entered into separate compromises resolving the disputes, the court allowed the applications and quashed all pending proceedings.

What did the court decide?

Quashing of entire proceedings of Sessions Trial No. 223 of 2007 and Sessions Trial No. 302 of 2005.

Surya Pratap and 4 Others Vs State of U.P. Thru. A.C.S… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:20470

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1510 of 2024

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Applicant :- Surya Pratap And 4 Others Opposite Party :- State Of U.P. Thru. A.C.S Prin. Secy. Deptt. Home Lko. And 3 Others

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Counsel for Applicant :- Alok Kirti Mishra Counsel for Opposite Party :- G.A.,Madan Mohan Pandey

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Case :- APPLICATION U/S 482 No. - 1558 of 2024

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Applicant :- Ram Achal And Others Opposite Party :- State Of U.P. Thru. A.C.S./ Prin. Secy. Deptt. Of Home, Govt. Of U.P. Lko. And Others Counsel for Applicant :- Madan Mohan Pandey Counsel for Opposite Party :- G.A.,Alok Kirti Mishra

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Hon'ble Subhash Vidyarthi,J.

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1. Heard Sri Alok Kirti Mishra, learned counsel appearing for the applicants in APPLICATION U/S 482 No. - 1510 of 2024 and Sri Madan Mohan Pandey, the learned counsel for the applicants in APPLICATION U/S 482 No. - 1558 of 2024 and Smt Arti Gupta Singh, learned Additional Government Advocate in both the cases and perused the record.

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2. By means of APPLICATION U/S 482 No. - 1510 of 2024 , the applicants have sought quashing of the entire proceedings of Sessions Trial No.223 of 2007 arising out of Case Crime No.229A of 2005 lodged in Police Station Lambhua, District Sultanpur under Sections 307, 147, 323, 325, 504, 336 IPC pending before the learned Additional Sessions Judge, Court No.1, Sultanpur.

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3. By means of APPLICATION U/S 482 No. - 1558 of 2024 , the applicants have sought quashing of the proceedings of Sessions Trial No.302 of 2005 arising out of Case Crime No.229 of 2005 lodged in Police Station Lambhua, District Sultanpur under Sections 307, 323, 504, 506, 452, 325, 336 IPC pending before the learned Additional Sessions Judge, Court No.1, Sultanpur.

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4. Both the aforesaid cases arise out of cross FIRs in respect of the same incident, therefore, both the cases are being decided together.

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5. APPLICATION U/S 482 No. - 1510 of 2024 arises out of Case Crime No.229A of 2005 under Sections 147, 148, 149, 307, 323, 325, 505, 427, 336, 447 IPC, Police Station Lambhua, District Sultanpur lodged against 6 persons, including the applicants, alleging that all the accused persons had assaulted several persons from the informant's side.

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6. APPLICATION U/S 482 No. - 1558 of 2024 arises out of Case Crime No.229 of 2005 lodged on the same date under Sections 147, 148, 149, 307, 323, 505, 427, 336, 447 IPC, Police Station Lambhua, District Sultanpur against four persons (applicants in APPLICATION U/S 482 No. - 1558 of 2024) leveling similar allegations against the persons of other side.

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7. None of the victims of Case Crime No.229 of 2005 had suffered any serious injury. Although one of the victims of Case Crime No.229A has suffered 3 fractures in the ribs, as per the opinion of the medical board, those fractures were old and were not caused in the incident in question.

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8. The parties had entered into two separate compromises, which have been filed in both the applications stating that they have resolved their disputes and will get the proceedings of both the cases closed.

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9. Opposite parties in APPLICATION U/S 482 No. - 1510 of 2024 have filed a counter affidavit accepting the terms of compromise and supporting the prayer for quashing of the proceedings on the ground of compromise.

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10. In view of the aforesaid, the applications are allowed.

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11. Entire proceedings of Sessions Trial No.223 of 2007 arising out of

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Case Crime No.229A of 2005 lodged in Police Station Lambhua, District Sultanpur under Sections 307, 147, 323, 325, 504, 336 IPC pending before the learned Additional Sessions Judge, Court No.1, Sultanpur and Sessions Trial No.302 of 2005 arising out of Case Crime No.229 of 2005 lodged in Police Station Lambhua, District Sultanpur under Sections 307, 323, 504, 506, 452, 325, 336 IPC pending before the learned Additional Sessions Judge, Court No.1, Sultanpur are hereby quashed.

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(Subhash Vidyarthi, J.)

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Order Date :- 6.3.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Surya Pratap and 4 Others v. State of U.P. Thru. A.C.S Prin. Secy. Deptt. Home Lko. and 3 Others

Case brief

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Surya Pratap and 4 Others v. State of U.P. Thru. A.C.S Prin. Secy. Deptt. Home Lko. and 3 Others

Case brief

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