Gapocha @ Praveen And Another vs State Of U.P. And Another
2023 Latest Caselaw 23901 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:174986
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 29492 of 2023
 

 
Applicant :- Gapocha @ Praveen And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amit Kumar Singh,Km Astha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Sri Biswajeet Mukherjee, Advocate has filed Vakalatnama on behalf of opposite party no. 2. The same is taken on record.

2. Heard learned counsel for the applicants; learned counsel for opposite party no. 2 and learned A.G.A. for the State/opposite party no. 1.

3. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 29.06.2019; cognizance dated 13.04.2022 as well as entire proceedings of Case No.667 of 2022 (State Vs. Gapocha @ Praveen and others) arising out of Case Crime No.189 of 2019, under Sections 323, 504, 325,308 I.P.C., P.S. Ajitmal, District Auraiya, pending in the court of Additional Chief Judicial Magistrate/Civil Judge (Senior Division), Auraiya.

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 copy of compromise deed has been filed as Annexure No. 2 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. and counsel for the opposite party opposed the prayer of the applicants by contending that the offence is heinous 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 injured Ishrat has received four injuries which are quoted below:

i.14x6 cm. x muscle deep in left side of forehead 4 cm. above from left eyebrow. Adv. X-ray hand.

ii. 3 cm.x0.5 cm. muscle deep on right side of nose.

iii. Abrasion 1 cm.x1 cm. deep dark at surface of right hand.

iv. 16 cm.x 1 cm. x muscle deep on right palmar surface of right foot.

7. All the injuries are simple in nature caused by hard and blunt object but supplementary report of doctors indicates that facture on frontal bone left side skull.

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 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.

9. Accordingly, the relief as sought by the applicants is refused.

10. The application lacks merit and is accordingly, dismissed.

11. Office is directed to send a copy of this order to the concerned court below within a week for necessary information.

Order Date :- 29.8.2023

Meenu Singh