Allahabad High Court
Ali Mohammad & Ors. vs State Of U.P. & Ors. on 18 February, 2021
Bench: Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 31
Case :- U/S 482/378/407 No. - 666 of 2021
Applicant :- Ali Mohammad & Ors.
Opposite Party :- State Of U.P. & Ors.
Counsel for Applicant :- Devendra Pratap
Counsel for Opposite Party :- G.A.,Anita Singh Nagore
Hon'ble Narendra Kumar Johari,J.
Learned counsel for the applicants, Sri Kaushal Kishor, Advocate holding brief of Ms. Anita Singh Nagore for opposite party nos. 2 to 4 and learned AGA are present.
This petition under Section 482 Cr.P.C. has been filed for quashing of the impugned criminal proceedings in Session Trial NO. 26 of 2018 arising out of Case Crime No. 858 of 2015 under Sections 323, 504, 308, 325 IPC registered at P.S. Kotwali Sahar, District Hardoi pending before A.S.J. Court No. 11, Hardoi.
It is submitted by learned counsel for the applicants that applicants and opposite party nos. 2 to 4 are neighbors. On a minor point, a dispute arose between the parties. Consequently, the present FIR was lodged against applicants with false allegations. A NCR has also been lodged by applicant no. 1 against opposite party nos. 2 to 4 for the same offence. The dispute is of private in nature which has no grave social effect. Both the parties have settled their dispute outside the court by intervention of some respectable person of the society. Now no dispute remains between the parties.
It is further submitted that previously the applicants had moved an application U/s 482/378/407 No. 7776 of 2016 which was rejected by the Court vide order dated 17.12.2016. Subsequently, as a new circumstance, both the parties entered into a compromise on 3.2.2021. It is next submitted that injury reports of Israj (informant) and his brothers Rahees and Salim are on record (Paper No. 39 to 44 Annexure-4) which shows the injuries on the body of injured persons are simple in nature and were not fatal to the injures persons. However, one injury of Rahees and four injuries of Salim were kept under observation but no subsequent report of any complication has been submitted by the prosecution.
Learned counsel for the applicants has relied upon the judgment of Apex Court in the case of Narendra Singh and others Vs. State of Punjab (Criminal Appeal No. 2686 of 2014 decided on 27.3.2014).
Learned counsel for opposite party nos. 2 to 4 has conceded with the argument of counsel for the applicants and submitted that both the parties are neighbors. They have settled their dispute amicably out of the court. Now no grievance remains left against each other and if the prayer of applicants is allowed then in that case opposite parties no. 2 to 4 will not have any objection. The deed of compromise is on record as Annexure-1.
Learned AGA has also not disputed the arguments made by learned counsel for the applicants.
Whether the parties have arrived at a compromise with their own free will, it can be ascertained by the court concerned.
In view of above, it is directed that the applicants will produce the compromise deed before trial court within two weeks who will fix a date for appearing of both the parties before court concerned and verify the compromise in presence of all the parties to the litigation in accordance with law.
The applicants may take the certified copy of the order of verification of compromise to the court concerned and may approach to this Court for their further remedy.
With the aforesaid direction, the application is disposed of.
Office is directed to provide original compromise deed to the counsel for the applicants in accordance with rules.
Order Date :- 18.2.2021
AKK
