Allahabad High Court
Master Shafiq Ahmad Khan @ Mohd. Shabban ... vs State Of U.P. And Another on 9 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:160636 Court No. - 92 Case :- APPLICATION U/S 482 No. - 5225 of 2023 Applicant :- Master Shafiq Ahmad Khan @ Mohd. Shabban Khan And 55 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.,Krishna Kant Yadav Hon'ble Anish Kumar Gupta,J.
1. Heard Sri O.P. Vishwakarma, advocate holding brief of Sri Mohd Irfan, learned counsel for the applicant, Sri K.K. Yadav, learned counsel for the opposite party no.2 and Sri Prem Prakash Tripathi, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed for quashing of the summoning order dated 29-04-2010 as well as the entire criminal proceeding of F.R. Case No. 15/10/12 (Laeek Ahmad vs. Master Shafiq and Others), arising out of Case Crime No. 923 A of 2009, under Sections 147, 148, 149, 323, 352, 153A I.P.C., P.S. Swar, District Rampur on the basis of the alleged compromise dated 06-01-2023.
3. On 10-04-2023, this Court passed the following order:-
"Heard Mr. Mohd. Irfan, learned counsel for the applicants, Mr. Krishna Kant Yadav, learned counsel for opposite party and Mr. Amit Singh Chauhan, learned AGA-I for the State.
Learned counsel for the applicants submits that the parties have entered into compromise for an offence u/s 147, 148, 149, 323, 352, 153A IPC.
Put up this matter as fresh on 18th April, 2023 to enable the learned counsel for the parties to address the Court as to whether when a clash takes place between two groups, only the person who has lodged the First Information Report, is the right person to enter into compromise with the accused persons as well as on the issue as to how the compromise can be entered for offence u/s 153(A) IPC."
4. Subsequently vide order dated 13-06-2023, the said compromise between the parties was directed to be verified by the trial court concerned. The said compromise as per the report of the Additional Chief Judicial Magistrate, Rampur dated 07-08-2023, has been verified on 19-07-2023 by the trial court.
5. On the basis of the said compromise, learned counsel for the applicant as well as the learned counsel for the opposite party no.2 jointly prayed for quashing of the summoning order as well as the entire criminal proceeding of the said case.
6. Learned counsel for the State submits that since the incident as alleged in the F.I.R. is heinous crime against the society at large, therefore, the same cannot be quashed on the basis of the alleged compromise between the parties. It is a case of group fight and more than 75 persons are made accused. Therefore, vide order dated 10-04-2023 this Court has rightly raised the doubt whether in such an incident on the basis of the compromise by the complainant which are largely against the society at large can be quashed.
7. Having heard the rival submission of the parties,this Court has carefully perused the record of case. From perusal of the F.I.R. it appears that large scale fight has taken place between two groups and all types of weapons were used in open public places and stones were also thrown against each other. Therefore, in the considered opinion of of this Court, the proceedings cannot be quashed only on the basis of the compromise between the complainant of the case with the accused.
8. In view thereof, this Court do not find any merit in the instant application and the same is accordingly dismissed.
Order Date :- 9.8.2023 pks