Allahabad High Court
Rana Pratap Tripathi 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. - 4243 of 2022
Applicant :- Rana Pratap Tripathi And 4 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Sunil Kumar Singh
Counsel for Opposite Party :- G.A.,Raj 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 further proceeding of charge-sheet as well as cognizance order dated 27.08.2020 in case no. 3086/2020 arising out of case crime no. 435/2019, under Sections 147, 323, 504, 506, 452 & 308 IPC, Police Station Kotwali, District Maharajganj pending in the court of learned Chief Judicial Magistrate, Maharajganj.
Learned counsel for the applicants and Sri Vipin Kumar, holding brief of Sri Raj Kumar Singh, learned counsel for respondent no. 2 have submitted that the parties have amicably settled their dispute and have entered into a compromise on 05.01.2022, which has been verified by the court below on 13.01.2022.
Learned counsel for the applicants has submitted that there is a dispute between the parties and cross-FIR were lodged and the FIR lodged by respondent no. 2, the proceedings of criminal case has been quashed by this Court while exercising its power under Section 482 Cr.P.C., on the basis of compromise entered into between the parties. The copy of the judgment of this Court dated 16.02.2022 passed in APPLICATION U/S 482 No. - 18231 of 2021 has been provided during the course of argument, which is taken on record.
This Court vide its order dated 23.02.2022 has directed the learned counsel for the applicants to file the certified copy of the compromise verified by the court below.
In compliance of the earlier order of this Court, supplementary affidavit has been filed on 07.03.2022 bringing on record the certified copy of the verified compromise entered into between the parties and also filed the certified copy of the order dated 13.01.2022 passed by the court below stating therein that the parties were present and they have admitted that they have entered into an agreement voluntarily. Their signatures have been verified by their respective counsels before the court.
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 as such, the proceeding of charge-sheet as well as cognizance order dated 27.08.2020 in case no. 3086/2020 arising out of case crime no. 435/2019, under Sections 147, 323, 504, 506, 452 & 308 IPC, Police Station Kotwali, District Maharajganj pending in the court of learned Chief Judicial Magistrate, Maharajganj 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 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 15.01.2022 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 proceeding of charge-sheet as well as cognizance order dated 27.08.2020 in case no. 3086/2020 arising out of case crime no. 435/2019, under Sections 147, 323, 504, 506, 452 & 308 IPC, Police Station Kotwali, District Maharajganj pending in the court of learned Chief Judicial Magistrate, Maharajganj are hereby quashed in terms of the compromise dated 05.01.2022.
The petition is hereby allowed.
Order Date :- 19.5.2022
Nitesh
