Allahabad High Court
Pradeep Rai And 2 Others vs State Of U.P. And Another on 1 June, 2022
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 1. Case :- APPLICATION U/S 482 No. - 26686 of 2021 Applicant :- Pradeep Rai And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.,Rajeev Kumar Singh Parmar AND 2. Case :- APPLICATION U/S 482 No. - 27376 of 2021 Applicant :- Paramhans Rai And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.,Sunil Kumar Dwivedi,Vidya Sagar Dwivedi Hon'ble Salil Kumar Rai,J.
Heard learned counsel for the applicants, learned counsel for the opposite parties and learned AGA for the State.
The present application u/s 482 No. 26686 of 2021 has been filed to quash the entire proceedings as well as impugned charge-sheet dated 23.3.2007 and order dated 22.9.2021 in Session Trial No. 27 of 2008 (State vs. Pradeep Rai and others) arising out of Case Crime No. 15 of 2007 under Sections 307, 323, 504, 506 IPC, Police Station Bhawarkol, District Ghazipur.
The application u/s 482 No. 27376 of 2021 has been filed to quash the entire proceedings as well as impugned charge-sheet dated 29.4.2007 and order dated 22.9.2021 in Session Trial No. 251 of 2008 (State vs. Paramhans Rai and others) arising out of Case Crime No. 15A of 2007 under Sections 323, 308, 504, 506 IPC, Police Station Bhawarkol, District Ghazipur.
It has been stated by counsel for the parties that at the instance of senior residents of the village and the family members of the parties, the parties have entered into compromise. The said compromise has been filed in both the applications. By previous order of this Court, the trial court was directed to submit a report regarding verification of the compromise. The said report has been sent by Additional Sessions Judge, Court No. 3, Ghazipur and through his reports dated 19.4.2022 passed separately in both the cases, the trial court has verified the compromise and has informed that the parties have been identified by their counsel.
Considering the fact that parties have entered into compromise, therefore, there is no chance that any witness would turn up to support the prosecution case, in view of the law laid down by the Supreme Court in the case of Narendra Singh and others vs State of Punjab and another, 2014 6 SCC 466, the entire proceedings are liable to be quashed.
Considering the nature of the offence as well as the verification report, the entire proceedings as well as impugned charge-sheet in Session Trial No. 251 of 2008 (State vs. Paramhans Rai and others) arising out of Case Crime No. 15A of 2007 under Sections 323, 308, 504, 506 IPC, Police Station Bhawarkol, District Ghazipur as well as Session Trial No. 27 of 2008 (State vs. Pradeep Rai and others) arising out of Case Crime No. 15 of 2007 under Sections 307, 323, 504, 506 IPC, Police Station Bhawarkol, District Ghazipur are hereby quashed.
The applications u/s 482 Cr.P.C. are allowed.
Order Date :- 1.6.2022 Puspendra