Allahabad High Court
Ashok Kumar Jaiswal And Others vs State Of U.P. And Another on 12 April, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 38434 of 2012
Applicant :- Ashok Kumar Jaiswal And Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Dhirendra Kr. Srivastava,Prashant Pandey
Counsel for Opposite Party :- Govt. Advocate,Dinesh Kumar Singh
Hon'ble Manish Kumar,J.
Heard learned counsel for the parties and gone through the record.
The present petition under Section 482 Cr.P.C. has been filed for quashing of the criminal proceedings of Criminal Case No. 1507/12 in pursuance of the charge sheet no. 80/12 dated 26.05.2012 vide case crime no. 242/11 under Sections 420, 467, 468, 471 & 120 B IPC, Police Station Kotwali Chandauli, District Chandauli, pending before the court of Chief Judicial Magistrate, Chandauli.
Learned counsel for the petitioners has stated that the parties have amicably settled their dispute and have entered into a compromise on 31.05.2013.
This Court vide its order dated 14.03.2022 has referred the matter to the court below for the purpose of verification of the compromise dated 31.05.2013 entered into between the parties and after the verification of the compromise, an appropriate order with respect to the verification shall be passed by the court below and send a report to this Court.
In compliance of the order of this Court dated 14.03.2022, the compliance report dated 22.03.2022 has been submitted by the Chief Judicial Magistrate, Chandauli mentioning therein that the signature of the complainant-Pramod Kumar Jaiswal has been verified by his counsel before the court and he has admitted the compromise. The compliance report dated 22.03.2022 submitted by the Chief Judicial Magistrate, Chandauli is on record.
Learned counsel for the petitioners has placed reliance in the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303]
On the other hand, learned Additional Government Advocate and learned counsel for the respondent no. 2 (complainant) have submitted that the compromise has been entered between the parties and now the respondent no. 2 does not want to proceed with criminal case and the proceedings thereof as the complainant and the applicant are the real brothers and due to property dispute, the criminal case was registered as such, the proceedings of Criminal Case No. 1507/12 in pursuance of the charge sheet no. 80/12 dated 26.05.2012 vide case crime no. 242/11 under Sections 420, 467, 468, 471 & 120 B IPC, Police Station Kotwali Chandauli, District Chandauli, pending before the court of Chief Judicial Magistrate, Chandauli may be quashed.
After hearing learned counsel for the parties and going through the record, it is found that in the present case, the crime is against the individual and not against the society as the rival parties are real brothers; the accused has no criminal antecedents or criminal history and the present criminal proceedings are arising out of family dispute or pre-dominantly civil character.
Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 31.05.2013 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra) and the discussions made hereinabove, there is no purpose to keep the proceedings pending before the trial court and hence, the proceedings of Criminal Case No. 1507/12 in pursuance of the charge sheet no. 80/12 dated 26.05.2012 vide case crime no. 242/11 under Sections 420, 467, 468, 471 & 120 B IPC, Police Station Kotwali Chandauli, District Chandauli, pending before the court of Chief Judicial Magistrate, Chandauli are hereby quashed in terms of the compromise dated 31.05.2013.
The petition is hereby allowed.
Order Date :- 12.4.2022
Nitesh
