Santram and Others Vs the State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others — Allahabad HC (2024) — LawSathi Research

Santram and Others Vs the State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the charge sheet dated 2.8.2018 arising out of Case Crime No.130 of 2018 (Sections 147, 323, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act), Police Station Akbarpur, District Ambedkar Nagar, and of the summoning/cognizance order dated 23.1.2023 passed in Criminal Case No.2727 of 2023 (State vs. Dinesh Nishad and others).

Issue for consideration

Whether the charge sheet dated 2.8.2018 arising out of Case Crime No.130 of 2018 and the summoning/cognizance order dated 23.1.2023 passed in Criminal Case No.2727 of 2023 may be quashed in view of the compromise dated 4.3.2024 between the parties, verified by the trial court on 2.4.2024.

Court's answer

Since the parties settled their dispute outside the Court by way of compromise, the compromise stands verified by the trial court with the verification report on record, and considering the ratio laid down by the Hon'ble Supreme Court in the cited cases, it is appropriate in the facts and circumstances of the case to quash the criminal proceedings.

Ratio / Principle

Continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.

Key takeaways

The present petition is allowed and the charge sheet dated 2.8.2018 arising out of Case Crime No.130 of 2018 under Sections 147, 323, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Akbarpur, District Ambedkar Nagar, as well as the summoning/cognizance order dated 23.1.2023 passed in Criminal Case No.2727 of 2023 (State vs. Dinesh Nishad and others), are quashed.ratio¶15

Detailed headnote1 paragraphs

[Neutral Citation 2024:AHC-LKO:34257] High Court of Judicature at Allahabad, Lucknow Bench (Karunesh Singh Pawar, J.; Order Date 2.5.2024) — Application U/S 482 No.4054 of 2024 ALLOWED. Charge sheet dated 2.8.2018 arising out of Case Crime No.130 of 2018 under Sections 147, 323, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Akbarpur, District Ambedkar Nagar, and the summoning/cognizance order dated 23.1.2023 in Criminal Case No.2727 of 2023 (State vs. Dinesh Nishad and others) QUASHED on the basis of the compromise deed dated 4.3.2024 between the parties, verified by the trial court vide order dated 2.4.2024 (verification report on record as Annexure-6), following an earlier direction of this Court dated 19.3.2024 in Application U/S 482 No.2613 of 2024. Reliance placed on B. S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2010) 15 SCC 118 and Narinder Singh (2014) 6 SCC 466; continuance of the proceedings held to be an exercise in futility. Respondent counsel conceded; A.G.A. raised no objection.

Neutral Citation No. - 2024:AHC-LKO:34257

Court No. - 15

Case :- APPLICATION U/S 482 No. - 4054 of 2024

Applicant :- Santram And Others Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Others Counsel for Applicant :- Pawan Kumar Singh Counsel for Opposite Party :- G.A.,Mohd. Nafees

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and Mohd. Nafees, Advocate, who has filed Vakalatnama on behalf of respondent nos.3 to 5, which is taken on record.

The present application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the impugned charge sheet dated 2.8.2018 arising out of Case Crime No.130 of 2018 under Sections 147, 323, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Akbarpur, District Ambedkar Nagar as well as summoning/cognizance order dated 23.1.2023 passed in Criminal Case No.2727 of 2023 (State vs. Dinesh Nishad and others) in terms of the compromise deed dated 4.3.2024 as well as verification report dated 2.4.2024 prepared by the learned Chief Judicial Magistrate, Ambedkar nagar.

Learned counsel for the applicants submits that the parties have amicably settled the dispute outside the court by way of compromise dated 4.3.2024. The copy of the compromise is on record. On the basis of the said compromise, earlier the applicants have filed Application U/S 482 No.2613 of 2024 before this court in which vide order dated 19.3.2024 the matter was sent to learned trial court for verification of compromise in

the presence of parties.

Further it has been submitted by learned counsel for the applicants that in compliance of order passed by this Court, parties had appeared before the trial court, who in the presence of the parties has verified the compromise entered between the parties vide its order dated 2.4.2024. The copy of the verification report is on record as Annexure-6 to the application.

Learned counsel for respondent nos.3 to 5 concedes the argument made by learned counsel for the applicants. Learned A.G.A. has also no objection if the impugned proceedings are quashed.

Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another : (2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed.

In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by the trial court and the verification report is on record as well as considering the ratio laid down by the Hon'ble Supreme Court in the cases (supra), it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in

pursuance of the criminal proceedings would be an exercise in futility.

Accordingly, the present petition is allowed and the impugned impugned charge sheet dated 2.8.2018 arising out of Case Crime No.130 of 2018 under Sections 147, 323, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Akbarpur, District Ambedkar Nagar as well as summoning/cognizance order dated 23.1.2023 passed in Criminal Case No.2727 of 2023 (State vs. Dinesh Nishad and others), are hereby quashed. Order Date :- 2.5.2024 Madhu

Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench