Ramesh Chandra And 3 Others vs State Of U.P. And Another
2021 Latest Caselaw 10188 ALL

Citation : 2021 Latest Caselaw 10188 ALL
Judgement Date : 12 August, 2021

Allahabad High Court

Ramesh Chandra And 3 Others vs State Of U.P. And Another on 12 August, 2021

Bench: Vivek Agarwal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 
Case :- APPLICATION U/S 482 No. - 7716 of 2021
 
Applicant :- Ramesh Chandra And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ravindra Prakash Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Agarwal,J.

1. It is submitted that it is not a case of any fracture or nature of injury is not such that which could have been considered to be fatal to the life and the nature of injury has been termed to be simple in nature by the concerned Doctor.Thus no offence under section 307 IPC is made out.

2. Sri R.P. Srivastava, counsel for the applicants has placed reliance on the judgment passed by this Court in Application U/s 482 No. 26945 of 2014 and law laid down by the Supreme Court in case of Narindra Singh and others Vs. State of Punjab and another (2014) 6 SCC 466.

4. Learned counsel for applicants submits that parties have entered into a compromise in Special Sessions Case No. 308 of 2019 (State Vs. Umesh Chandra and others) under sections 147, 149, 323, 504, 506, 352, 452, 427, 308,354 IPC and 7/8 POCSO Act and 3(i) (II) SC/ST Act, police station Lalganj, District Basti arising out of case crime no. 79 of 2019. The compromise is duly verified by the Additional Sessions Judge/Special Judge, POCSO Act, Basti vide order dated 14.4.2021 and in view of such compromise, nothing survives for adjudication in the present case. Therefore, application is allowed.

5. Nobody is appearing to oppose the factum of such compromise.

6. In terms of the verification of the compromise, proceedings of in Special Sessions Case No. 308 of 2019 (State Vs. Umesh Chandra and others) under sections 147, 149, 323, 504, 506, 352, 452, 427, 308,354 IPC and 7/8 POCSO Act and 3(i) (II) SC/ST Act, police station Lalganj, District Basti arising out of case crime no. 79 of 2019 are hereby quashed.

7. In above terms, petition is disposed off.

Order Date :- 12.8.2021/S.K.S.