Allowed

Thakur Ajay Singh Alias Ajay Singh Alias Golu Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC2 Feb 2024A482/936/2024

Case brief

AI extract

What is this about?

This court quashed criminal proceedings under Sections 448, 504, 506, and 307 IPC arising from a dispute between the applicant and a private party. The court allowed the application since the compromise between the parties was verified by the trial court and no injury was found suffered by the victim.

What did the court decide?

Criminal Case No. 274 of 2017 arising out of Crime No. 585 of 2013 u/s 448, 504, 506, 307 IPC was quashed and petitioner directed not to face proceedings till disposal of application.

Thakur Ajay Singh Alias Ajay Singh Alias Golu… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:29225

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 936 of 2024

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Applicant :- Thakur Ajay Singh Alias Ajay Singh Alias Golu Singh

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- Surendra Pratap Singh

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Counsel for Opposite Party :- G.A.,Surya Prakash Singh

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioner, learned A.G.A. as well as learned counsel appearing for respondent No.2.

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Pursuant to the order dated 02.02.2024, the matter was sent for verification to the learned trial court, the order dated 02.02.2024 is extracted below:-

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"Heard learned counsel for the applicants, learned A.G.A. for the State as well as Sri Surya Prakash Singh, who has filed 'Vakalatnama' on behalf of opposite party no. 2, the same is taken on record.

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The instant application has been filed seeking quashing of the proceedings of Criminal Case No. 274 of 2017 arising out of Crime No. 585 of 2013 u/s 448, 504, 506, 307 IPC, Police station -Mohanganj District -Amethi and charge sheet no. 158/2013 dated 24.12.2013 as well as summon order dated 28.7.2015 contained as Annexure no 4 and 5 to this petition, pending before Additional session judge Fast Track Court (3) Raebareli.

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It is further prayed that during the pendency of the present application the proceeding of criminal case 274 of 2017 be stayed till final disposal of the present case in the interest of Justice.

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Learned counsel for the applicants submits that applicants and opposite party no. 2 have amicably compromised their dispute on 24.1.2024. The compromise taken place between the parties has been annexed with this petition as Annexure No. 6. Learned counsel for the opposite party no. 2 has also agreed on the

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submission of learned counsel for the petitioner that parties have entered into a compromise.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Accordingly, for the purpose of verification of the compromise, petitioner no.1 as well as opposite party no.2 will appear before the court concerned on 8.2.2024 along with original compromise deed and the learned court below shall proceed to verify the compromise-deed. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court below and the same shall be sent to this Court by the next date of listing. The compromise will be made part of the record. The court below in that scenario will allow the parties to obtain certified copy of the report as well as compromise.

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List before this Court on 20.2.2024 within top ten cases.

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Till the next date of listing, the applicants shall not be compelled to face the criminal proceedings in pursuance of the aforesaid case.

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Office is directed to return the original compromise to the counsel for the petitioner."

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In compliance of the said order, the parties appeared before the trial court and the presence of the parties has been verified, the verification report by the court dated 13.02.2024 is on record.

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Learned counsel for the petitioner submits that dispute between the parties has been amicably settled by way of compromise, the said compromise has been verified by the learned trial court and thus, on the basis of the said compromise as well as the verification report, the impugned proceedings are liable to be quashed.

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Learned A.G.A. as well as learned counsel appearing for the respondent No.2 do not dispute the aforesaid fact.

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Considering the submissions advanced, perusal of the record so also the judgment passed by Supreme Court in the case of Narinder Singh & ors. vs. State of Punjab reported in [2014

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(6) SCC 466] , emphasis is on para 31 and the fact that injured

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Chhedu has not found to have suffered any injury, the medical report is on record as well as the compromise and the verification report, petition stands allowed .

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The proceedings of Criminal Case No. 274 of 2017, arising out of Crime No. 585 of 2013, u/s 448, 504, 506, 307 IPC, Police station -Mohanganj District -Amethi are quashed.

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Order Date :- 9.4.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Thakur Ajay Singh Alias Ajay Singh Alias Golu Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Thakur Ajay Singh Alias Ajay Singh Alias Golu Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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