Allahabad High Court
Deepak Shukla And 3 Others vs State Of U.P. And Another on 16 August, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:164885
Court No. - 87
Case :- APPLICATION U/S 482 No. - 21408 of 2023
Applicant :- Deepak Shukla And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kamal Singh
Counsel for Opposite Party :- G.A.,Ashok Kumar Mishra
Hon'ble Neeraj Tiwari,J.
1. Heard learned Counsel for the applicants, learned AGA for the State and learned Counsel for the complainant.
2. This application under Section 482 Cr.P.C has been filed with the prayer to quash the impugned summoning order dated 14.3.2013 as well as criminal proceedings of Complaint Case No.89 of 2005 (Jai Narayan Pal v. Deepak Shukla and others) under Section 304 IPC, Police Station Kuthond, District Orai, pending in the Court of Chief Judicial Magistrate, Jalaun at orai.
3. The case was heard on 07.06.2023 and the Court has passed the following order:-
"1. A short-counter affidavit has been filed on behalf of opposite party No.2 by Shri Ashok Kumar Mishra, learned Advocate, whose vakalatnama is attached to the affidavit.
2. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned summoning order dated 14.3.2013 as well as entire criminal proceedings of Complaint Case No.89 of 2005 (Jai Narayan Pal vs. Deepak Shukla and others) under Section 304 IPC, Police Station-Kuthond, District-Orai, pending in the court of Chief Judicial Magistrate, Jalaun at Orai.
3. Learned counsel for both the parties submit that the matter is amicably settled in between the parties and a compromise has been entered into between them on 24.4.2023.
4. Let the parties file the compromise before the court-below in the first week of June, 2023.
5. The court-below shall fix a date in the second week of July, 2023 for the purposes of verification of compromise and after verification of compromise, the court-below shall send its report to this Court on or before the next date fixed.
6. Put up as fresh on 7.8.2023 before appropriate Court.
7. Till the next date of listing, no coercive step shall be taken against the applicants in the aforesaid case."
4. Learned Counsel for the applicants submitted that compromise has been verified by the court vide order dated 12.07.2023. It is also submitted that in short counter affidavit filed by opposite party no.2, the facts have not been disputed and also stated that in case the proceedings quashed, opposite party no.2 has no objection. It is lastly submitted that in light of the compromise deed, criminal proceedings may be quashed.
5. Learned Counsel for opposite party no.2 has submitted that now parties have entered into the compromise and in case proceedings against the applicants is quashed, he would have no objection.
6. Learned AGA vehemently opposed the submission made by counsels for the applicant and opposite party no.2 and submitted that the offence is heinous in nature, therefore, parties concerned cannot be permitted to compound the offence. It is also contended that it is serious matter where allegation is against the police personnel for brutally beaten a person named Harish Chandra nephew of opposite party no.2, ultimately he died within 24 hours. A magistrate also conducted inquiry in the matter and as per inquiry report, applicants are deeply involved in torchering and brutally beaten the deceased-Harish Chandra. Considering the all facts summoning order dated 14.03.2013 has been issued. It is next submitted that it is heinous crime committed by the police personnel, therefore, proceedings may not be quashed on the basis of compromise.
7. I have considered the submissions of the counsel for the parties, perused the record and as per post mortem report, deceased has received nine injuries on his body resulting to his death.
8. 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 v. Laxmi Narayan and others, (2019) 5 SCC 688 as well as in the case of Daxaben v. The State of Gujarat, 2022 SCC OnLine SC 936.
9. Accordingly, the relief as sought by the applicants is refused.
10. The application lacks merit and is accordingly, dismissed.
11. Considering the facts and circumstances of this case, ten days from today is granted to applicant to surrender before the Court in accordance with law, failing which Court shall proceed to take action in accordance with law.
12. Office is directed to send a copy of this order to the concerned court below within a week for necessary information.
Order Date :- 16.8.2023
A.N. Mishra
