Allahabad High Court

Yogesh Kumar & Ors. v. State of U.P. & Anr.

2024:AHC:155374 · A482/40422/2023

Decision date
2024-09-22
Text availability
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Source: Official court records

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Judgment text

Neutral Citation No. - 2024:AHC:155374 Court No. - 76 Case :- APPLICATION U/S 482 No. - 40422 of 2023 Applicant :- Yogesh Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, Sri Harish Chandra Gupta, learned counsel for opposite party no. 2/informant and learned AGA for the State. 2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including charge-sheet dated 01.06.2016 and cognizance/summoning order dated 19.08.2016, of S.T. No. 497 of 2019 (State Vs. Yogesh Kumar & Others), arising out of case crime no. 1163 of 2015, under Sections 307, 354, 452, 504, 506 IPC, P.S. Sadar Bazar, District Agra, pending in the court of Additional Sessions Judge, Court No.17, Agra, on the basis of compromise arrived at between the parties.

3. It has been submitted by the learned counsel for the applicants that the alleged dispute between the parties has taken place due to misconception and that now both the parties have amicably settled the dispute and the informant and the injured do not want to pursue the impugned proceedings. It was submitted that both the parties are residents of same town. In alleged incident no one has sustained any serious injury and that alleged incident took place at the spur of moment. It was submitted that the compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 4. Learned counsel for the opposite party no.2 /informant has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant and the injured do want to proceed with the case pending before the trial court and the impugned proceedings may be quashed, as no useful purpose would be served by exhausting remedy of trial. 5. Learned A.G.A. has no objection if parties compromise the matter. 6. I have considered the submissions and perused the record.

7. It is well settled that in appropriate cases, criminal proceedings may be quashed on the basis of compromise. In the instant case, the dispute between the parties appears to be private in nature and does not have any serious impact on society if parties compromise the matter. Though, normally criminal proceedings under Section 307 IPC cannot be quashed on the basis of compromise but in the instant matter it appears that informant/injured have not sustained any serious injury and thus, no offence under Section 307 IPC is made out against the applicants. In view of these facts and circumstances, it would not be just and proper to decline the quashing of proceedings merely because the charge-sheet has been submitted under Section 307 IPC. There is nothing to indicate that parties have any criminal antecedents. As stated earlier both the parties are residents of same town and that none of the party has sustained any serious injury and the informant/injured do not want to proceed with the case against the applicants. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, as the continuance of the same would be nothing but wastage of time of Court.

8. In view of the aforesaid, the impugned charge-sheet/cognizance-summoning order and entire proceedings of the aforesaid criminal case against applicants, namely, Yogesh Kumar, Pawan Kumar, Kaptan & Lokandas @ Jhalla are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. Order Date :- 23.9.2024 SP/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad