Allahabad High Court
Intzar Ahmad And 4 Others vs State Of U.P And Another on 9 February, 2023
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 20446 of 2022 Applicant :- Intzar Ahmad And 4 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Jitendra Kumar,Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.,Girja Shanker Sen Hon'ble Saumitra Dayal Singh,J.
1. On 8.8.2022, this Court had passed the below quoted order in Application u/S 482 No. 20446 of 2022 filed by the present applicants :
"Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash/ set aside the entire proceeding of charge sheet No. 68 of 2018, dated 20.02.2018 as well as cognizance order dted 22.10.2018, in Case No. 1637 of 2018, arising out of Case Crime No. 128 of 2017 (State Vs. Intzar and others), under Sections 147, 148, 323, 324, 308 I.P.C., P.S.- Aonla, District- Bareilly, on the basis of compromise, which is pending in the court of Judicial Magistrate-I, Aonla, District Bareilly.
Learned counsel for the applicant submits that a compromise has been entered between them which has been reduced in writing, copy of compromise deed has been annexed as Annexure- 11 to this application.
Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of three months from today. Upon due verification, the court below shall send a report to this Court along with compromise deed.
List this case on 23.11.2022 in additional cause list.
Only till then, no coercive measure shall be taken against the applicants in the aforesaid case."
2. In compliance thereto, the parties have appeared before the learned court below and verified the settlement reached between them dated 16.5.2022. The same has been verified by the learned court below vide its order dated 3.9.2022 passed by Judicial Magistrate-1 Aonla, District Bareilly.
3. Perusal of the settlement reached explains that no real occurrence may have taken place. However, the parties were in dispute from before. The injury prescribed for the purpose of offence alleged under Section 308 I.P.C. has been explained to have been suffered for other reasons and not as a result of assault made. Then, it has been explained, parties are related. The FIR allegations had emerged owning to misunderstanding and misgivings between them and for reasons of other dispute.
4. Since, all disputes stands resolved between the parties, it has been prayed that the present prosecution may be quashed as it may serve no useful purpose.
5. Submission advanced have been confirmed as true by learned counsel for opposite party no.2.
6. In such circumstances, the present 482 Cr.P.C. application thus stands allowed, subject to payment of cost Rs. 15,000/- (2,500 on each private party) to be deposited before the High Court Legal Services Committee, Allahabad, within a period of three weeks from today.
7. The Legal Services Committee exists and works for the benefit of those litigants for whom court procedures are difficult to afford. It provides a crucial and essential service to the society itself. It thus appears proper to direct payment of the amount of cost to the Legal Services Committee, as a reminder and warning to the society and its members to introspect and reflect at their actions and deeds and also at the consequences that follow.
8. Subject to the above, charge-sheet no. 68 of 2018 dated 20.2.2018 and cognizance order dated 22.10.2018 are hereby set aside. The entire proceedings of Case No. 1637 of 2018 (State Vs. Intzar Ahmad & others) arising out of Case Crime No. 128 of 2017, under Sections 147, 148, 323, 324, 308 I.P.C., Police Station- Aonla, District - Bareilly, pending before the court of learned Judicial Magistrate-Ist, Aonla, Bareilly, are hereby quashed.
Order Date :- 9.2.2023 CS/-