Salauddin Alias Pappu And Another vs State Of U.P. And Another
2023 Latest Caselaw 6251 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 
Case :- APPLICATION U/S 482 No. - 7015 of 2023
 
Applicant :- Salauddin Alias Pappu And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amit
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Rajeev Misra,J.

Heard Mr. A.N. Pandey, Advocate, holding brief of Mr. Amit, the learned counsel for applicants, the learned A.G.A. for State and Mr. M.S. Siddiqui, the learned counsel representing first informant-opposite party 2, who has put in appearance by filing his Vakalatnama in Court today, which is taken on record.

Perused the record.

Challenge in this application under Section 482 Cr.P.C. is to the Charge Sheet dated 16.05.2021 submitted in Case Crime No. 158 of 2021, under Sections 452, 323, 504, 506 IPC, Police Station-Kotwali City, District-Bijnor, as well as Consequential Criminal Case No. 7049 of 2021 (State Vs. Salauddin and Others), under Sections 452, 323, 504, 506 IPC, Police Station-Kotwali City, District-Bijnor in view of compromise entered into by the parties.

At the very outset, the learned A.G.A. has raised a preliminary objection with regard to the maintainability of compromise entered into by the parties. He has invited the attention of Court to the injury report of Mohd. Shahzad wherein the Doctor, who had examined the injured, Mohd. Shahzad, has opined that injury no. 1 sustained by the injured is grievous in nature. Referring to the judgment of Supreme Court in State of M.P. Vs. Laxmi Narayan and Others (2019) 5 SCC 688, he submits that in view of the aforesaid peculiar fact, the compromise entered into by the parties is legally not maintainable. As such, the proceedings of above-mentioned criminal case cannot be quashed on the basis of compromise entered into by the parties. He, therefore, submits that no indulgence be granted by this Court in favour of applicants.

When confronted with above, the learned counsel for applicants could not overcome the same.

As a result, present application fails and is liable to be dismissed.

It is accordingly dismissed.

Order Date :- 27.2.2023/Vinay