Manoj Kumar Alias Manoj And 3 ... vs State Of U.P. And 2 Others
2023 Latest Caselaw 19931 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:152737
 
Court No. - 88
 

 
Case :- APPLICATION U/S 482 No. - 21159 of 2023
 

 
Applicant :- Manoj Kumar Alias Manoj And 3 Others
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Harish Chandra Mishra,Hare Krishan Pandey,Suresh Chandra Pandey
 
Counsel for Opposite Party :- G.A.,Rajendra Prasad Maury
 

 
Hon'ble Sanjay Kumar Singh,J.

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

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the Sessions Trial No. 1016 of 2021 (State of U.P. vs. Manoj Kumar and others) arising out of Case Crime No. 29 of 2021, under Sections 307, 341, 504, 323 I.P.C., Police Station Erach, District Jhansi pending in the Court of Sessions Judge, Jhansi.

It is submitted by learned counsel for the applicants that after submission of charge-sheet dated 24.04.2021, parties concerned have settled their dispute by way of compromise outside the Court and a compromise deed dated 29.07.2022 has also been filed as Annexure no. 5 to the affidavit. On the strength of said compromise, it is submitted that the criminal proceeding against the applicants is liable to be quashed.

On the other hand, learned A.G.A. 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.

Having heard the submission of learned counsel for the parties and perusing the record, I find that in this case, injured Deepak has received three injuries on his vital part of the body which are as under:-

(i) incised wound size 3x1x1 cm over anterior part of chest 10 cm below left nipple.

(ii) Incised wound of size 3x1x1 cm over middle part of chest 14 cm below left nipple.

(iii) Incised wound of size 2.5x1 cm over lateral side of left side of chest.

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.

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

The application lacks merit and is accordingly, dismissed.

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

Order Date :- 31.7.2023

Saurabh