Neutral Citation No. - 2025:AHC-LKO:44248 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6197 of 2025 Applicant :- Dr. Avesh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pradeep Kumar Shukla, learned counsel for the applicants and Sri Hansraj Verma, learned AGA for the State and perused the record. 2. By means of instant application under Section 482 CrPC, applicants sought quashing of proceedings of Sessions Trial No. 1593 of 2023, arising out of Case Crime No. 311 of 2021 under Sections 323, 324, 307, 308, 504, 506 IPC, P.S.-Katra Bazar, District-Gonda, Charge Sheet dated 02.05.2023 and also consequential proceedings, on the ground that parties have entered into settlement. 3. The aforesaid case was instituted on the basis of FIR lodged by the opposite party No.2 on 10.09.2021 against the applicants including 5-6 unknown persons stating therein that all the accused persons had abused and assaulted the informant with sticks, pharsa and sword. Medical examination report of opposite party No.3 mentions only single incised wound of 10 cm x 7 cm muscle deep over right forearm. The supplementary medical report did not reveal anything further. 4. After investigation, the Investigating Officer submitted the charge sheet dated 02.05.2023 against the applicants for the commission of offences under Sections 147, 148, 323, 307, 308, 504, 506, 452 IPC. During pendency of the proceedings, parties have entered into a settlement dated 17.05.2025 stating that parties have resolved their dispute amicably and they did not want any criminal proceedings to continue against the applicants. 5. The opposite party Nos.2 and 3 have filed the short counter affidavit accepting the terms of compromise and supporting the prayer for the quashing of the proceedings. The genuineness of the compromise has been verified by the trial Court in furtherance of the order dated 10.06.2025 passed in APPLICATION U/S 482 No. - 4879 of 2025. 6. In Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online All 106, this Court relied upon the judgment of the Hon'ble Supreme Court in the cases of Narinder Singh v. State of Punjab; (2014) 6 SCC 466 and State of Madhya Pradesh v. Laxmi Narayan; (2019) 5 SCC 688 wherein it has been held that the power under Section 482 Cr.P.C. is not to be exercised in prosecutions involving heinous and serious offences of mental depravity which are not private in nature and have a serious impact on the society. Although the offence under Section 307 IPC would fall in the category of serious and heinous offences, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision and the High Court should examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC. For this purpose, the High Court may consider the nature of injury sustained, whether it was inflicted on any vital part of the body, nature of weapons used etc. Such an exercise would be permissible only after collection of the evidence and submission of the charge sheet and not when the matter is still being investigated. 7. Although the FIR and the charge sheet filed in the present case mention Section 307, 308 IPC, the opposite party No.3 received only single injury that too on non-vital part of the body and before commencement of the trial the parties have entered into an amicable settlement for closure of the criminal proceedings. 8. In view of the aforesaid facts and circumstances, I am of the view that continuance of the criminal proceedings in the aforesaid peculiar facts and circumstances of the case, would not serve the interest of justice as it would result in persecution of the applicants only. 9. In view of the aforesaid discussions,the instant application is allowed and the entire proceedings of Sessions Trial No. 1593 of 2023, arising out of Case Crime No. 311 of 2021 under Sections 323, 324, 307, 308, 504, 506 IPC, P.S.-Katra Bazar, District-Gonda, Charge Sheet dated 02.05.2023, are hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 30.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench