Charge-sheeted accused sought quashing of a theft-related criminal case under Sections 379 and 411 IPC in terms of a compromise. As one accused did not appear for verification of the compromise, no relief was granted and the application was rejected.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 9242 of 2024
Applicant :- Lallu Alias Mohd Navi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mujeeb Haider,Riyajuddin Ansari Counsel for Opposite Party :- G.A.,Haroon Rasheed,Praveen Kumar Singh
Hon'ble Rajeev Misra,J.
Heard Mr. Riyajuddin Ansari, the learned counsel for applicant, the learned A.G.A. for State and Mr. Praveen Kumar, the learned counsel for first informant/opposite party-2.
Applicant Lallu Alias Mohd Navi and three others, who are charge sheeted accused have approached this Court by means of present application under section 482 Cr.P.C. with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the entire proceeding of the Criminal Case No. 2100 of 2011 (State of U.P. vs. Lallu @ Mohd. Navi and Others), under section 379, 411 I.P.C., arising out of case crime no. 1032 of 2010, Police Station - Nawabganj, District - Bareilly, pending in the court of the learned Judicial Magistrate, Nawabganj, Bareilly, in terms of the compromise, otherwise both the parties shall suffer irreparable loss and injury; and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of the Criminal Case No. 2100 of 2011 (State of U.P. vs. Lallu @ Mohd. Navi and Others), under section 379, 411 I.P.C., arising out of case crime no. 1032 of 2010, Police Station - Nawabganj, District - Bareilly, pending in the court of the learned Judicial Magistrate, Nawabganj, Bareilly, during the pendency of this application before this Hon'ble Court, otherwise the applicants shall suffer irreparable loss and injury, which cannot be compensated in any terms."
Present application came up for admission on 21.3.2024 and this Court passed the following order:
"Sri Haroon Rasheed, Advocate, has filed his vakalatnama on behalf of opposite party no. 2, which is taken on record.
Office is directed to show the name of Sri Haroon Rasheed, learned counsel for the opposite party no. 2 in the next cause list.
Learned counsel for the applicant prays for and is granted one week time to file supplementary affidavit annexing the original compromise.
Learned counsel for both the parties jointly submitted that parties have settled their dispute arising out of offence punishable under Sections 379, 411 of I.P.C.
Put up this case on 8.4.2024, as fresh.
Until further orders, further proceedings of Criminal Case No. 2100 of 2011 (State of U.P. vs. Lallu @ Mohd. Navi and others), arising out of Case Crime No. 1032 of 2010, P.S. Nawabganj, District Bareilly, shall remain stayed against the applicant. "
In compliance of above order dated 21.3.2024, the jurisdictional Magistrate i.e. Civil Judge (J.D)/Judicial Magistrate has submitted his report dated 20.7.2024, stating therein that accused Majhar Ali has not yet appeared for verification of compromise. As such, no relief can be granted in present application.
Application fails and is liable to be rejected.
It is accordingly rejected.
Order Date :- 23.8.2024 Arshad
Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal proceedings under Sections 379 and 411 IPC pending before the Magistrate could be quashed on the basis of a compromise between the parties.
2 provisions across 2 enactments
Lallu Alias Mohd Navi And 3 Others
State of U.P.
First Informant (Opposite Party-2)
Rajeev Misra
As recorded by the court registry
2 orders share this CNR
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