Court No. - 27
Case :- APPLICATION U/S 482 No. - 2798 of 2024
Applicant :- Vaibhav Mishra
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
And 3 Others
Counsel for Applicant :- Dr. Ajai Pratap Singh
Chauhan,Kunwar Samitinjay Singh
Counsel for Opposite Party :- G.A.,Vinay Pandey
Hon'ble Subhash Vidyarthi,J.
1. Counter affidavit filed by learned counsel for the opposite
party no.2 to 4 is taken on record.
2. Heard learned counsel for the applicant, the learned A.G.A.
for the State and Sri Vinay Pandey, the learned counsel for the
opposite party nos. 2, 3 and 4.
2. The instant application has been filed under Section 482
Cr.P.C, seeking quashing of the impugned charge sheet no.
0123 of 2016 dated 18.08.2016 arising out of Case Crime No.
199/2016, under Sections 452, 323, 504 I.P.C, Police Station
Ataria, District Sitapur as well as the entire criminal
proceedings of Criminal Case (C.I.S.) No. 2208061 of 2016,
which is pending before the court of Additional Chief Judicial
Magistrate-II, Sitapur.
3. The quashing of the proceedings has been sought on the
ground that the parties have entered into a compromise on
12.03.2024, original copy of the compromise has been annexed
with the affidavit.
4. The F.I.R was lodged on 09.08.2016 stating that the accused
persons had assaulted two persons. Copies of the medico legal
examination report of two victims indicates that the injury
suffered by them were simple in nature. It has been stated in the
compromise that the dispute between the parties was personal
in nature and it did not affect public peace and tranquility.
5. The learned counsel for the opposite party nos. 2 to 4 has also
supported the factum of compromise and has given his consent
for proceedings being quashed on the basis of compromise.
6. Considering the ratio laid down by the Supreme Court in the
cases of B. S. Joshi and others versus State of Haryana and
another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I.
and another : (2008) 9 SCC 677, Manoj Sharma versus
State and others : (2008) 16 SCC 1, Gian Singh versus
Station of Punjab: (2010) 15 SCC 118 and Narinder Singh
and others versus State of Punjab and another: (2014) 6
SCC 466, it would be appropriate in the facts and
circumstances of the case to quash the criminal proceedings as
continuance of the criminal proceedings would be an exercise
in futility.
7. In view of the fact that the parties have settled their dispute
by way of compromise arrived at between the parties and the
law laid down by the Supreme Court of India, the present
petition is allowed and the charge sheet no. 0123 of 2016 dated
18.08.2016 arising out of Case Crime No. 199/2016, under
Sections 452, 323, 504 I.P.C, Police Station Ataria, District
Sitapur as well as the entire criminal proceedings of Criminal
Case (C.I.S.) No. 2208061 of 2016, which is pending before the
court of Additional Chief Judicial Magistrate-II, Sitapur are
hereby quashed.
Order Date :- 29.3.2024
Raj
Digitally signed by :-
RAJ NIGAM
High Court of Judicature at Allahabad,
Lucknow Bench