Allahabad High Court
Jalnu Labdin And 3 Others vs State Of U.P. And Another on 24 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 2470 of 2022
Applicant :- Jalnu Labdin And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajay Sengar
Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard Shri Ajay Sengar, learned counsel for the applicant, learned A.G.A. for the State and gone through the record.
The present petition has been filed by the applicant with the prayer to allow the present application and quash the entire proceedings of the Sessions Trial No.60 of 2021, Case Crime No.04 of 2018, U/s 323, 504, 506, 325 I.P.C. and Section 3(1) (r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Kotwali-Konch, District - Jalaun in term of compromise, pending before the learned Special Judge (SC/ST Act), Jalaun at Orai.
Learned counsel for the applicant has stated that the parties have amicably settled their dispute and have entered into a compromise on 06.01.2022 (enclosed as annexure no. 4 to the present petition/ application).
This Court vide its order dated 08.02.2022 has has referred the matter to the court below for the purpose of verification of the compromise dated 06.01.2022 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 dated08.02.2022, the compliance report dated 24.02.2022 has been submitted by the Special Judge (SC/ST Act), Jalaun at Orai mentioning therein that the signature of the parties have been verified by his counsel before the court and they have admitted the compromise.
The compliance report dated 24.02.2022 submitted by the Special Judge (SC/ST Act), Jalaun at Orai 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 has submitted that the compromise has been entered into between the parties and now the respondent no. 2 does not want to proceed with the present 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 accused has no criminal antecedents or criminal history and the present criminal proceedings are arising out of family dispute. In para 3 of the application, it has been mentioned that Respondent No.2 and the applicants belong to the common family and their ancestors are the common. The applicants are having no criminal history.
Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 06.01.2022 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 proceedings of Sessions Trial No.60 of 2021, Case Crime No.04 of 2018, U/s 323, 504, 506, 325 I.P.C. and Section 3(1) (r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Kotwali-Konch, District - Jalaun, pending before the learned Special Judge (SC/ST Act), Jalaun at Orai, are hereby quashed in terms of the compromise dated 06.01.2022.
The petition is hereby allowed.
Order Date :- 24.5.2022
S. Kumar
