BRAJBHAN SINGH RAJPUT AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/28050/2024 · 2025-05-07
Deepak Verma
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 87033 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87033 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:74701 Court No. - 84 Case :- APPLICATION U/S 482 No. - 28050 of 2024 Applicant :- Brajbhan Singh Rajput And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- Satish Kumar Mishra,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 20.01.2021, Summoning order dated 26.03.2021 as well as the entire proceeding of Case. No. 1428 of 2021 (relating to Case Crime no. 05 of 2021) (State Vs. Brajbhan and others) (Session case no. 297 of 2022), under Section 308, 323, 325, 504, I.P.C., Police Station- Pali, District- Lalitpur, pending in the court of District and Session Judge Lalitpur, on the basis of compromise done between both the parties. 3. It is alleged in the FIR that on 08.10.2020 at about 12:00 PM, when informant and others were sitting on chabutra, then, accused persons came there and started abusing and caused injuries by lathi, danda & gadasa, as a result of which, two persons received injuries and the said injuries are not grievous in nature. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court, thereafter, applicants approached this Hon'ble Court by filing Application U/S 482 No. 2596 of 2024 with prayer to quash the proceedings on terms of compromise entered between the parties, the Co-ordinate Bench of this Court vide order dated 06.03.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 26.03.2024 verified the parties as well as contents of compromise application. The order dated 26.03.2024 passed by Session Judge, Lalitpur is annexed with the instant application as annexure-7. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not
wish to press the aforesaid case against the applicants.
Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 4. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 5. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 6. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non- compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail. 7. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 8. Accordingly, the impugned charge sheet dated 20.01.2021, Summoning order dated 26.03.2021 as well as the entire proceeding of Case. No. 1428 of 2021 (relating to Case Crime no. 05 of 2021) (State Vs. Brajbhan and others) (Session case no.
297 of 2022), under Section 308, 323, 325, 504, I.P.C., Police Station- Pali, District- Lalitpur, pending in the court of District and Session Judge Lalitpur, are hereby quashed. 9. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 8.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad