Allahabad High Court
Chandan @ Shailendra Kumar And 4 ... vs State Of U.P. And Another on 11 August, 2023
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:163213
Court No. - 88
Case :- APPLICATION U/S 482 No. - 27225 of 2023
Applicant :- Chandan @ Shailendra Kumar And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Diwanshu Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1-Heard learned counsel for the applicants and learned A.G.A. for the State/opposite party no. 1.
2-This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the proceeding of Criminal Case No. 1977 of 2021 (State Vs. Bintu @ Devendra and others), arising out of Case Crime No. 0032 of 2021, under Sections 147, 148, 452, 308, 504 I.P.C., Police Station-Kotwali Gursahaiganj, District-Kannauj, pending in the Court of Additional Chief Judicial Magistrate, Kannauj, on the basis of compromise between the parties concerned.
3-As per the prosecution case in brief, informant-Beby Gihar/opposite party no. 2 lodged a first information report on 19.01.2021 with regard to an incident which took place on 23.09.2020 under Sections 147, 148, 452, 308, 504 I.P.C. against the applicants namely, Bintu, Papiya, Saurabh, Chandan and Pradeep alleging inter alia that on 23.09.2020 at about 2 O'clock some altercation took place between her children and family members of Bintu, when she went to make complaint to the house of Bintu then there also an altercation took place. Thereafter, she returned to her house, but after about fifteen minutes, accused persons armed with Khanta and sticks, barged into her house and started beating her. She was taken to Police Station, from where, she was sent for her medical examination. Since she had received serious injuries on her head, due to which she was referred to District Hospital, Kannauj for X-ray. In her X-ray report, fracture was found over right side of parieto temporal region of skull. After culmination of investigation charge sheet dated 08.06.2021 has been submitted against the applicants on which the Magistrate concerned took cognizance on 08.10.2021, which was challenged by the accused persons through two separate application under Section 482 Cr.P.C. Nos. 9157 of 2022 and 9170 of 2022, which were allowed vide orders dated 15.07.2022 on technical ground that order dated 08.10.2021 was passed on printed proforma and the matter was remanded back to the Magistrate concerned to pass fresh order.
4-It is submitted by learned counsel for the applicants that after submission of charge-sheet, parties concerned have settled their dispute by way of compromise outside the Court and a compromise application has been filed as Annexure No.14 to the affidavit. On the strength of said compromise, it is submitted that the criminal proceeding, pursuant to aforesaid charge-sheet against the applicants, is liable to be quashed.
5-On the other hand, learned A.G.A. opposed the prayer of the applicants by contending that the offence is serious in nature, therefore, parties concerned cannot be permitted to compound the offence.
6-Having heard the submission of learned counsel for the parties and perusing the record, I find that in this case complainant/opposite party no.2 has received grievous injuries as fracture was found over right side of parieto temporal region of skull of the injured/opposite party no.2.
7-Considering the gravity of offence and nature of injuries as noted above, I do not find any good ground to compound the offence in the light of judgment of the Apex Court in the case of State of Madhya Pradesh vs. Laxmi Narayan and others, (2019) 5 SCC 688 as well as in the case of Daxaben vs. The State of Gujarat, 2022 SCC OnLine SC 936.
8-Accordingly, the relief as sought by the applicants is refused.
9-The application lacks merit and is accordingly, dismissed.
10-Office is directed to send a copy of this order to the concerned court below within two weeks for necessary information.
Order Date :- 11.8.2023
Kashifa
