Sonu Alias Juned and Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

Sonu Alias Juned and Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceedings arising out of Case Crime No. 235 of 2018 (Criminal Case No. 9256 of 2019), including Charge Sheet No. A-187 dated 28.12.2018 and the summoning order dated 11.04.2019; Office/Registry directed to send a copy of the order to the court concerned through email/fax for necessary compliance.

Issue for consideration

Whether the entire criminal proceedings in Criminal Case No. 9256 of 2019 (arising out of Case Crime No. 235 of 2018, Sections 308, 323, 504 IPC, P.S.-Risiya, District-Bahraich), including Charge Sheet No. A-187 dated 28.12.2018 and the summoning order dated 11.04.2019, ought to be quashed under Section 482 Cr.P.C./Section 528 BNSS in view of the compromise entered into between the parties.

Ratio / Principle

Taking note of the nature of dispute/crime, the verified compromise between the parties, and the observations of the Apex Court in the cited precedents, this Court held that the chances of ultimate conviction are extremely bleak and no useful purpose would be served by allowing the criminal proceedings to continue; accordingly, the application under Section 482 Cr.P.C./Section 528 BNSS is liable to be allowed.

Key takeaways

The present application is allowed and the entire proceedings arising out of Case Crime No. 235 of 2018 are quashed.ratio¶11

Detailed headnote1 paragraphs

Quashing of criminal proceedings on the basis of compromise — Application under Section 482 Cr.P.C./Section 528 BNSS to quash the entire proceedings of Criminal Case No. 9256 of 2019, arising out of Case Crime No. 235 of 2018 under Sections 308, 323, 504 IPC, P.S.-Risiya, District-Bahraich, together with Charge Sheet No. A-187 dated 28.12.2018 and summoning order dated 11.04.2019. By order dated 10.05.2024 the matter had been referred to the court concerned for verification of the compromise; by order dated 23.05.2024 the compromise was verified, the parties admitting that they had entered into the agreement voluntarily and their signatures being verified by their respective counsels. Considering the verified compromise, the nature of dispute/crime, and the observations of the Apex Court in Ramgopal, Gian Singh, Mohd. Ibrahim, Gold Quest International, B.S. Joshi, Jitendra Raghuvanshi, Madhavarao Jiwajirao Scindia, Nikhil Merchant, Manoj Sharma, Laxmi Narayan, Narindra Singh, Manoj Kumar, Union Carbide, Manohar Lal Sharma and Supreme Court Bar Association, the Court held that the chances of ultimate conviction were extremely bleak and no useful purpose would be served by continuing the criminal proceedings. Held: application allowed; entire proceedings arising out of Case Crime No. 235 of 2018 quashed. (Saurabh Lavania, J.; order dated 20.8.2024.)

Neutral Citation No. - 2024:AHC-LKO:56445

Court No. - 13

Case :- APPLICATION U/S 482 No. - 7235 of 2024

Applicant :- Sonu Alias Juned And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shailendra Kumar Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record.

The present application under Section 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed to quash the entire proceedings of Criminal Case No. 9256 of 2019, arising out of Case Crime No. 235 of 2018 under Section 308, 323, 504 IPC, P.S.-Risiya, District-Bahraich as also the Charge Sheet No. A-187 dated 28.12.2018 including summoning order dated 11.04.2019.

It appears that after considering the averments made in the Application U/S 482 No. 4335 of 2024 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 10.05.2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties.

It appears from the order dated 23.05.2024 that the court concerned has verified the compromise, mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court.

Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC

692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409 as also taking note of nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed . Consequently, the entire proceedings arising out of Case Crime No. 235 of 2018, indicated above, are hereby quashed.

Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.

Order Date :- 20.8.2024 Vinay/-

Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench