Allahabad High Court
Ram Achal And 3 Others vs State Of U.P. And Another on 3 June, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- APPLICATION U/S 482 No. - 346 of 2022
Applicant :- Ram Achal And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ramanand Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicants, learned AGA for the State and gone through the record.
The present application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No. 27095 of 2021 (State v. Ram Achal and others), pending in the Court of Judicial Magistrate-II, Basti, arising out of charge sheet No. 1/21 dated 08.09.2021 of Case Crime No. 189 of 2021, under Sections 308, 323, 504 IPC, P.S.- Sonha, District- Basti and further to stay the proceedings of Criminal Case No. 27095 of 2021.
On the basis of the submissions made by the learned counsel for the applicant, this Court vide its order dated 22.03.2022 has referred the matter to the court below for the purpose of verification of the compromise 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 earlier order of this Court dated 22.03.2022, the report dated 12.04.2022 along with verified copy of the compromise has been submitted by the Judicial Magistrate-II, Court No. 13, Basti vide his letter dated 22.04.2022 mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court.
Learned counsel for the petitioners has placed reliance on the judgments of the Apex Court in the case of Romgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409.
Learned Additional Government Advocate could not dispute the fact that the compromise has been entered into between the parties and now the opposite party no. 2 does not want to proceed with Criminal Case No. 27095 of 2021 (State v. Ram Achal and others), pending in the Court of Judicial Magistrate-II, Basti, arising out of charge sheet No. 1/21 dated 08.09.2021 of Case Crime No. 189 of 2021, under Sections 308, 323, 504 IPC, P.S.- Sonha, District- Basti.
After hearing learned counsel for the parties and going through the record, it is found that in the present case, the crime is against an individual and not the society.
Considering the submissions advanced by learned counsel for the parties and perusing the report dated 18.05.2022 as also taking note of the observations made by Hon'ble Apex Court in the judgments referred above, this Court is of the view that no purpose would be served in keeping the proceedings pending before the trial court and hence, entire proceedings of Criminal Case No. 27095 of 2021 (State v. Ram Achal and others), pending in the Court of Judicial Magistrate-II, Basti, arising out of charge sheet No. 1/21 dated 08.09.2021 of Case Crime No. 189 of 2021, under Sections 308, 323, 504 IPC, P.S.- Sonha, District- Basti are hereby quashed in terms of the compromise.
Accordingly, the present application U/S 482 Cr.P.C. is allowed.
Order Date :- 3.6.2022
Arun/-
