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2025 DAILYLAW 47668 (ALL)

MONU PATEL ALIAS KRISHANKANT AND 3 OTHERS v. State of U.P. AND 2 OTHERS

A482/12228/2024 · 2025-09-15

Yogesh Dubey Joint Registrar Judicial

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 12228 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. The case is taken up on mentioning. 2. Heard Sri Tarun Jha, learned counsel for the applicants, Sri Mohinish Agnihotri, Advocate, holding brief of Sri Pankaj Kumar Vishwakarma, learned counsel for opposite party nos.2 & 3 and Sri Uma Shankar Mishra, learned AGA for the State- opposite party no.1. 3. This application u/s 482 Cr.P.C. has been preferred with prayer to quash the entire proceeding of Session Trial No.391 of 2021 (State Vs. Monu @ Krishankant Patel and Others), arising out of Case Crime No.23 of 2020, under sections 306 and 511 IPC, Police Station Todi Fatehpur, District Jhansi, pending before learned Special Judge, Dacoity Affected Area, District Jhansi, on the basis of compromise. 4. It is contended by learned counsel for the applicants that applicants and opposite party nos.2 & 3 have entered into compromise and the said compromise is on record as annexure no.5 to the memo of application. It is further submitted that said compromise has been filed before the court concerned i.e. learned Special Judge, Dacoity Affected Area, District Jhansi, for verification and the learned court concerned has verified the compromise, but the court concerned has refused to drop the proceeding of the case in view of the facts that the offence under sections 306 and 511 IPC is not a compoundable offence. It is further contended that the person who made an attempt to commit suicide is still alive, therefore, the offence under sections 306 and 511 IPC is not made out. It is further contended that there is specific provision for attempt to commit suicide, under section 309 IPC, therefore, the Versus Counsel for Applicant(s) : Tarun Jha Counsel for Opposite Party(s) : G.A., Nandini, Pankaj Kumar Vishwakarma Monu Patel Alias Krishankant And 3 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) submission of charge sheet under sections 306 and 511 IPC is an abuse of the process of the Court. 5. On the other hand, learned counsel for the opposite party no.2 as well as learned AGA for the State does not dispute the legal aspect of the matter. 6. The applicants and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned, however, since the matter under sections 306 and 511 IPC, was not found compoundable, the application for dropping the proceeding of the aforesaid case has been rejected. 7. Keeping in view that facts that applicants and opposite party nos.2 & 3 have entered into compromise and the said compromise has already been verified by the learned court concerned, however, since the matter under sections 306 and 511 IPC, was not found compoundable, the application for dropping the proceeding of the aforesaid case has been rejected and a report regarding said facts is already on the record and taking note of the law laid down by Hon'ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, in respect of the applicants. 8. In view of the aforesaid, the entire proceeding of Session Trial No.391 of 2021 (State Vs. Monu @ Krishankant Patel and Others), arising out of Case Crime No.23 of 2020, under sections 306 and 511 IPC, Police Station Todi Fatehpur, District Jhansi, pending before learned Special Judge, Dacoity Affected Area, District Jhansi, are hereby quashed. 9. The application u/s 482 Cr.P.C. is hereby allowed. September 16, 2025 VKG A482 No. 12228 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad