Allahabad High Court
Brijesh And 4 Others vs State Of U.P. And Another on 19 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 15345 of 2017
Applicant :- Brijesh And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sudhir Kumar Singh
Counsel for Opposite Party :- G.A.,Shahnawaz Akhtar
Hon'ble Manish Kumar,J.
Heard Shri Sudhir Kumar Singh, learned counsel for the applicants, Shri Shahnawaz Akhtar, learned counsel for the respondent no. 2 and gone through the record.
The present petition under Section 482 Cr.P.C. has been filed to quash the Charge Sheet No.145/2016, in Criminal Case No.193/2017 dated 09.12.2016, arising out of Case Crime No.0396/2016, under Sections 147, 452, 323, 504, 506, 427 I.P.C. Police Station - Bheempura, District - Ballia, pending in the court of learned Additional Chief Judicial Magistrate, 1st ACJM, Ballia, District - Ballia.
Learned counsel for the petitioners has stated that the parties have amicably settled their dispute and have entered into a compromise on 21.02.2019, filed through supplementary affidavit dated 08.03.2019.
This Court vide its order dated 9.4.2019 has referred the matter to the court below for the purpose of verification of the compromise dated 21.02.2019 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 9.4.2019, the compliance report dated 20.05.2019 has been submitted by the Additional Chief Judicial Magistrate, Ballia mentioning therein that the signature of the parties have been verified by their respective counsel before the court and the parties have admitted the compromise.
The compliance report dated 20.05.2019 submitted by the Additional Chief Judicial Magistrate, Ballia is on record.
Learned counsel for the petitioner 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 have submitted that the compromise has been entered into between the parties and now the respondent no. 2 does not want to proceed with criminal case and the proceedings thereof 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. The applicants have no criminal history.
Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 21.02.2019 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 Charge Sheet No.145/2016, in Criminal Case No.193/2017 dated 09.12.2016, arising out of Case Crime No.0396/2016, under Sections 147, 452, 323, 504, 506, 427 I.P.C. Police Station - Bheempura, District - Ballia, pending in the court of learned Additional Chief Judicial Magistrate, 1st ACJM, Ballia, District - Ballia are hereby quashed in terms of the compromise dated 21.02.2019.
The petition is hereby allowed.
Order Date :- 19.5.2022
S. Kumar
