Nitin Yadav And 4 Others vs State Of U.P. And Another
2023 Latest Caselaw 23176 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:171559
 
Court No. - 93
 

 
Case :- APPLICATION U/S 482 No. - 31243 of 2023
 

 
Applicant :- Nitin Yadav And 4 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- G.S. Chauhan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.

Vakalatnama filed by Sri Pushpendra Singh, Advocate on behalf of opposite party no.2, is taken on record.

Heard Sri G.S. Chauhan, learned counsel for the applicants, learned A.G.A. for the State and Sri Pushpendra Singh, learned counsel for opposite party no.2.

The instant application has been moved on behalf of the applicants to quash the entire criminal proceedings of Criminal Case No.14872 of 2021 (State Vs. Nitin Yadav & others), arising out of Case Crime No.280 of 2021, under Sections 307, 147, 148, 149, 323, 504, 506, 427 IPC and Section 7 Criminal Law Amendment Act, Police Station Kotwali, District Jhansi, pending in the court of Chief Judicial Magistrate, Jhansi.

Contention of learned counsel for the applicants is that the parties have settled their dispute amicably outside the Court.

This Court vide order dated 20.07.2023 passed in Application U/S 482 No.22663 of 2023 directed the court below to verify the compromise filed by the applicants after summoning the parties and send its report to this Court.

In pursuance of order dated 20.07.2023 of this Court, learned Chief Judicial Magistrate, Jhansi has verified the said compromise by order dated 31.07.2023 and a copy of the same has been annexed as Annexure - 6 with this application.

From perusal of injury report, it appears that no case under Section 307 I.P.C. is made out, the case at most under Section 325/308 I.P.C. is made out.

This fact has not been disputed by learned counsel for opposite party no.2.

Considering the fact that compromise between the parties has already been verified and offence under Section 307 is not made out as well as law laid down by the Apex Court in the judgment of Gian Singh Vs. State of Punjab & Another (2012) 10 SCC 303, Narinder Singh & Others Vs. State of Punjab & Another (2014) 6 SCC 477 and State of M.P. Vs. Laxmi Narayan, AIR 2019 SC 1296 and State of M.P. Vs. Dhruv Gurjar, AIR 2017 SC 1106, the proceeding of Criminal Case No.14872 of 2021 (State Vs. Nitin Yadav & others), arising out of Case Crime No.280 of 2021, under Sections 307, 147, 148, 149, 323, 504, 506, 427 IPC and Section 7 Criminal Law Amendment Act, Police Station Kotwali, District Jhansi, pending in the court of Chief Judicial Magistrate, Jhansi, is hereby quashed.

In view of the aforesaid observations, the application is allowed.

Order Date :- 24.8.2023

Atul