Sughar Singh And 2 Others vs State Of U.P. And Another
2021 Latest Caselaw 4708 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 904 of 2021
 

 
Applicant :- Sughar Singh And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Lakshman Singh
 
Counsel for Opposite Party :- G.A.,Vijay Singh Sengar
 

 
Hon'ble Pankaj Bhatia,J.

Counsel for the parties agree that the matter has been compromised in between the parties and the compromise has been verified by the Court below in terms of the order dated 21.1.2021 passed by this Court. A certified copy of the order verifying the compromise has been produced across the Bar, which is taken on record. After verification of the compromise by the Court below, a report has also been sent that the compromise has been verified .

Counsel for the applicants argues that from a plain reading of the FIR as well as medical report, no case is made out under Section 308 IPC. He places reliance on the judgment of the Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayana and others, 2019 (5) SCC to argue that in such type of cases, there is no bar on the Courts to quash the proceedings on the basis of the settlement arrived at in between the parties.

I have perused the FIR as well as the medical report, which, prima facie, do not justify trial under Section 308 IPC as the injuries itself are simple in nature.

Considering the judgment of the Supreme Court in the case of Laxmi Narayana (Supra) and the fact that the matter has been compromised, which fact has also been duly verified, the application is allowed and the entire criminal proceedings of Case No. 1759 of 2019, Case Crime No. 1746 of 2013, under Sections 308, 452, 506 IPC, P.S. Kotwali Orai, District Jalaun including the chargesheet pending before CJM, Orai, District Jalaun are quashed.

Order Date :- 25.3.2021

vinay