Mukesh Kumar And 4 Others v. State of U.P & Anr.
Case at a glance
Outcome
Quashed
proceedings are quashed
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 ss. 147, 148, 323, 324, 504, 506
Key paragraphs
- Para 99. The entire proceedings of Case No.29967 of 2023 (State Vs. Mukesh and others), arising out of Case Crime No.390 of 2023, under Sections 147, 148, 323, 504, 506, 324 IPC, Police Station Etmaddaula, District Agra, now pending in the Court of Additional Chief Judicial…
Judgment
Heard Mr. Dharmendra Kumar Patel, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Shashi Kumar Tiwari, the learned counsel representing first informant-opposite party-2.
Perused the record.
Present application came up for admission on 21.05.2024 and this Court passed the following order: " 1. Heard Sri Dharmendra Kumar Patel, learned counsel for the applicants, Sri Sudhir Kumar Chandraul, learned A.G.A. for the State-O.P. no.1 and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 24.11.2023, charge sheet dated 453 of 2023, dated 22.09.2023 as well as proceeding of Case No.29967 of 2023, arising out of Case Crime No.390 of 2023, under Sections 147, 148, 323, 504, 506, 324 IPC, Police Station Etmaddaula, District Agra.
3. It is submitted by learned counsel for the applicants that the parties have amicably settled their dispute outside the Court and the opposite party no.2 does not want to prosecute the applicants. The compromise has taken place between them on 01.03.2024 and the compromise deed has been annexed as Annexure-4 to the affidavit filed in support of the application.
Learned A.G.A. and learned counsel appearing for the opposite party no.2 do not dispute the aforesaid facts.
In view of above facts, the parties shall file an application along with the compromise deed before the concerned Court below and appear before the Court concerned for verification of the compromise in the First Week of July, 2024. On receiving the said application, the Court below shall take steps for verification of the compromise and shall prepare a verification report. The concerned Court shall sent the verification report to this Court, which may be placed in the file.
Put up this matter as fresh on 01.08.2024 along with report of Court below.
Meanwhile, no coercive action shall be taken against the applicant, in the aforesaid case, till the next date of listing. "
4. Pursuant to above order dated 21.05.2024, parties appeared before court below for verification of compromise. The court below vide order dated
01.07.2024 has verified the compromise entered into by the parties. The true copy of the order dated 01.07.2024 along with report of the Additional Chief Judicial Magistrate, Court No.8, Agra have been transmitted to this Court, which are on record.
5. Learned counsel for applicants submits that dispute between the parties is a purely private dispute and not a crime against society. During the pendency of aforementioned criminal proceedings, parties have amicably settled their dispute and a compromise was entered into by the parties. Compromise so entered into by parties has been acted upon and verified by Court below. He therefore submits that no justifiable ground exists to prolong the criminal prosecution of applicant. It is then contended that in view of the compromise entered into by the parties, the chances of conviction of accused is not only remote but also bleak. As such, the continuation of proceedings would itself cause injustice to parties. The trial would only entail loss of judicial time in a futile pursuit and loss of public time. He therefore submits that present application is liable to be allowed.
Operative part
6. Per contra, the learned A.G.A. does not oppose this application. The learned counsel representing opposite party-2 submits that once the first informant/opposite party-2 has himself entered into compromise with accused/applicants, which compromise has acted upon and verified by court below therefore he can not have any objection in case present criminal proceedings are quashed.
7.. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1, the learned counsel representing first informant- opposite party-2, upon perusal of record and considering the submissions urged by the learned counsel for the parties, this court finds that during the pendency of aforementioned criminal case, parties have amicably settled there dispute outside the court. On the basis of settlement so arrived at by the parties, a compromise application was filed before court below. The same has been acted upon and verified by court below. In view of above, no justifiable ground now exits to continue criminal prosecution of applicant. As such, no useful purpose shall be served in continuing the criminal prosecution of applicant. .
7. As a result. present application succeeds and is liable to be allowed.
It is accordingly allowed.
The entire proceedings of Case No.29967 of 2023 (State Vs. Mukesh and others), arising out of Case Crime No.390 of 2023, under Sections 147, 148, 323, 504, 506, 324 IPC, Police Station Etmaddaula, District Agra, now pending in the Court of Additional Chief Judicial Magistrate, Agra, are hereby quashed. Order Date :- 3.9.2024 YK
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: proceedings are quashed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — ss. 147, 148, 323, 324, 504, 506.
Which court decided this case, and when?
Allahabad High Court, on 03 Sep 2024. The bench was RAJEEV MISRA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.