Vimal And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 25843 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:183071
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 28026 of 2023
 

 
Applicant :- Vimal And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Devi Dayal
 
Counsel for Opposite Party :- G.A.,Durga Prasad
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State.

2.The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 30.11.2022, cognizance order dated 24.04.2023 as well as entire proceeding of Case No.1809 of 2023 arising out of Case Crime No.0602 of 2020, under sections 323, 504, 324, 308 I.P.C., Police Station Shahganj, District Agra, pending in the court of Additional Chief Judicial Magistrate, Agra.

3. Learned counsel for the applicants submits that parties have settled the dispute out of Court and informant does not want to pursue the case against the applicants as compromise has made on persuasion of elder member of the society. No dispute is pending between the parties. He next submits that both the parties lodged FIR against each other and received injuries in offence which was lodged as Case Crime No.48 of 2021, under sections 323, 504, 506 I.P.C. against accused Kamal Singh, Sanjay Singh & Sanjeev Singh, who have been acquitted by judgement and order dated 09.06.2023.

4. Learned counsel for the opposite party no.2 has supported the submission raised by learned counsel for the applicants and submits that he has compromised the matter and does not want to proceed against the applicants.

5. Per contra, learned AGA vehemently opposed the submission raised by learned counsel for the applicants and submits that injured has received grievous injury on the vital part of the body. Injured Mahesh has received six injuries which are as follows: (a) Lacerated wound 4.0 c.m. x0.3 c.m. x scalp deep Right side head 8.0 c.m. above right ear. Fresh blood clotted present. K.U.O. Adv. x-ray. (b) Red abrasion 1.0 x1.0 c.m. on back left shoulder. (c) Red abrasion 3.0 x 2.0 c.m. (d) Red abrasion 2.0 c.m. x 1.0 c.m. Right Knee Joint. (e) C.O.P. Abdomen. (f) C.O.P. Chest right side joint. Adv. C.T.Scan. Injured Kamal has received following injuries:- (a) Lacerated wound 3.0 x0.5 c.m. x scalp deep on left side head. K.U.O. above to left ear margin irregular. Fresh clotted blood present to Adv. X-ray. (b) Red contusion 3.0x2.0 c.m. buttock of right side chest. K.U.O. Adv. X-ray. (c) Red abrasion 1.0 x 1 c.m. left knee joint. (d) C.O.P. Abdomen (e) C.O.P. lumbo scan. Learned AGA has submitted that injured have received injuries over vital part of the body.

6. Having heard learned counsel for the parties and perused the record. Court finds that two persons have received injuries and both injured are received five injuries on body. Injury No.1 on vital part i.e. head injury which is grievous in nature. Considering the gravity of the offence and nature of injuries, as noted above, I do not find any good ground to compound the offence in the light of the judgment of the Apex Court in the case of State of Madhya Pradesh vs. Laxmi Narain and others reported in 2019(5) SCC 688 as well as in the case of Daxaden vs. State of Gujarat, 2022 SCC online SC 936. Accordingly relief sought by the applicants is refused. The present application under section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.

7. However, if the applicants shall surrender before the concerned court below and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law.

Order Date :- 21.9.2023

SKD