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2016 DIGILAW 2404 (ALL)

Sandeep Mishra v. State of U. P.

2016-07-12

VIVEK KUMAR BIRLA

body2016
JUDGMENT Vivek Kumar Birla,J. Heard Sri D.M. Tripathi, learned counsel appearing for the applicant and learned A.G.A. Sri Manjeet Kumar has put in appearance on behalf of opposite party no. 2 Monu Pandey alias Himanshu. His Vakalatnama is taken on record. 2. Present application has been filed seeking quashing of entire proceedings arising in Sessions Trial No. 271 of 2016, State Vs. Nar Narayan Mishra and others, arising out of Case Crime No. 136 of 2012, under Section 307 IPC, P.S. Dhoomanganj, district Allahabad. 3. A joint affidavit of applicant no. 2 and opposite party no. 2 who is the informant has been filed wherein it has been categorically stated that a compromise had already taken place between the parties and he is not interested for prosecuting the applicants. Attention was drawn to the application dated 14.6.2016 filed by opposite party no. 2 before the court below that he does not want to press the prosecution against the applicants. The application was rejected by the court below vide impugned order dated 14.6.2016 only on the ground that offence under Section 307 IPC is not compoundable as per Section 320 Cr.P.C. 4. In support of his argument, learned counsel for the applicant has relied upon the case of Narendra Singh Vs. State of Punjab (2014) 6 SCC 466 and Yogendra Yadav and others Vs. State of Jharkhand (2014) 9 SCC 653 to contend that now the proceedings under Section 307 can be quashed by the High Court in its power under Section 482 Cr.P.C. on certain parameters. Present case admittedly is a case of no injury as it is apparent from the first information report itself. 5. In such view of the matter when both parties are present before this Court and have filed a joint affidavit no useful purpose would be served by keeping this application pending and remanding back the same to the court below particularly when it is a case of no injury. 6. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in the case of Narendra Singh Vs. State of Punjab (2014) 6 SCC 466 and Yogendra Yadav and others Vs. State of Jharkhand (2014) 9 SCC 653 the impugned order dated 14.6.2016 is hereby set aside and proceedings in Sessions Trial No. 271 of 2016, State Vs. State of Punjab (2014) 6 SCC 466 and Yogendra Yadav and others Vs. State of Jharkhand (2014) 9 SCC 653 the impugned order dated 14.6.2016 is hereby set aside and proceedings in Sessions Trial No. 271 of 2016, State Vs. Nar Narayan Mishra and others, arising out of Case Crime No. 136 of 2012, under Section 307 IPC, P.S. Dhoomanganj, district Allahabad are quashed. The present application is accordingly allowed.