Ramprit @ Ramkrit Singh And 3 ... vs State Of U.P. And Another
2023 Latest Caselaw 25376 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:180964
 
Court No. - 5
 

 
Case :- APPLICATION U/S 482 No. - 34687 of 2023
 

 
Applicant :- Ramprit @ Ramkrit Singh And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Bipin Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Piyush Agrawal,J.

Mr. Vipin Kumar Dwivedi has filed vakalatnama on behalf of opposite party no.2 today, which is taken on record.

Heard Shri Bipin Kumar Tripathi, learned counsel for the applicants, Shir Vipin Kumar Dwivedi, learned counsel for the opposite party no.2 and Shri Mithlesh Kumar, learned AGA for the State.

By means of the present application under Section 482 Cr.P.C., the applicants have prayed for quashing the entire proceeding of Case No. 6079 of 2023 ( State Vs. Ramprit alias Ramkrit & others), arising out of Case Crime No.76 of 2023, under Sections 307, 323, 504 IPC , Police Station- Nichlaul, District- Maharajganj in terms of Compromise verification order dated 8.9.2023.

It has been contended by learned counsel for the applicants that the applicants and opposite party no. 2 are the close family members and they have amicably settled their dispute and entered into a compromise and the Magistrate verified the compromise entered into between the parties vide order dated 8.9.2023, copy of which has been annexed as Annexure no.2 to the present application. Therefore, the proceedings against the applicants be quashed.

Learned counsel for the opposite party no. 2 has admitted the fact of the compromise and submitted that the applicants and opposite party no. 2 have compromised the dispute and as such, opposite party no. 2 does not want to press the present case against the applicants.

Learned A.G.A has opposed the said submission by contending that Section 307 is a non-compoundable offence in which no compromise can take place, hence the said compromise is illegal in the eye of law and prays for rejecting the present application.

To the said submission, learned counsel for the applicants have placed reliance upon the judgment of Hon'ble Apex Court passed in the case of State of Madhya Pradesh Vs. Laxmi Narayan and Ors, 2019 (2) ACR1230 in which the Hon'ble Apex Court in para 13 (1) has held as under:

"13(1). That the power conferred under Section 482 Cr.P.C., of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;"

In support of his submission, leanrned counsel for the applicants has also placed reliance upon the judgment of Narinder Singh and Ors. Vs. State of Punjab and Ors., 2014 (137) AIC1.

In view of the above and considering the facts and circumstances of the case and nature of offence, the proceedings of the aforesaid case are hereby quashed.

The present 482 Cr.P.C. application stands allowed.

Order Date :- 19.9.2023

Pravesh Mishra