Research › Search › Judgment

Allahabad High Court · body

2020 DIGILAW 631 (ALL)

Chand Khan v. State Of U. P.

2020-02-27

RAM KRISHNA GAUTAM

body2020
JUDGMENT : 1. This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Chand Khan, with a prayer for setting aside proceedings of Sessions Trial No.27 of 2018, State vs. Chand Khan, arising out of Case Crime No.4 of 2016, under Sections 498A, 323, 324 and 307 of Indian Penal Code, Police Station- Bewar, District Mainpuri, pending before Additional District & Sessions Judge, Court, No.4, Mainpuri. 2. Learned counsel for applicant argued that parties have entered into compromise, resulting in divorce, in between them and proceeding, under Section 125 of Cr.P.C., decided on the basis of compromise. Joint affidavit has been filed in this case, mentioning compromise entered into between the parties. Hence, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer. 3. Learned AGA, representing State of U.P., has vehemently opposed this Application with this contention that this case is of offence of attempt to commit murder, punishable, under Section 307 of Cr.P.C., which is not a compoundable offence and a compromise in such a heinous offence is not permissible, as has been held in the case of State of Madhya Pradesh vs. Laxmi Narayan and others, reported in 2019 AIR 1296. 4. Heard learned counsel for both sides and perused the record. 5. Medico Legal Report reveals injuries over the person of Smt. Nagma, which are as under: 1. Contusion 2.5. Cm X 1.5 Cm on the right parietal region of head, 4Cm above from right ear, Kept Under Observation. 2. Contusion 10Cm X 2 Cm on the lateral aspect of left upper arm, Kept Under Observation. 3. Strangulation mark 8 Cm X 1.5 Cm on the left side neck, Kept Under Observation. Advised X-ray. 4. Incised wound 3.5 Cm X 1 Cm X Muscles deep on the lateral aspect of left upper arm, 5 Cm below from left shoulder joint, margins are learcut fresh blood is present, Kept Under Observation. Advised Trans. 5. Contusion 7 Cm X 2 Cm on the back of lower part of chest. 6. Contusion 8 Cm X 2 Cm on the back of lower abdomen. 7. Contusion 5 Cm X 2 Cm on the back of both hip joint, Kept under Observation. 8. Advised Trans. 5. Contusion 7 Cm X 2 Cm on the back of lower part of chest. 6. Contusion 8 Cm X 2 Cm on the back of lower abdomen. 7. Contusion 5 Cm X 2 Cm on the back of both hip joint, Kept under Observation. 8. Incised wound 4 Cm X 1.5 Cm X Muscle deep on the front & Middle of right thigh margins are clear-cut, fresh blood is present, Kept Under Observation, Advised X-ray, complaint of pain in occipital region of head, left temporal region of Head, bridge of nose. 6. Opinion: Injury Nos. 1, 2, 3, 4, 7 & 8 are Kept Under Observations & other are simple in nature. All injuries are caused by blunt & Hard object except Injury No.4 & 8, which are caused by sharp edged weapon & referred to Distt. Hospital Mainpuri for X-ray & further management. 7. Meaning thereby, perusal of Medico Legal Report, clearly shows that there are injuries of such wide dimensions, in almost every part of body, that too, caused by blunt object and sharp edged weapon, and, therefore, compounding of such kind of heinous offence will be against ends of justice and it will be detrimental to the interest of justice. Hence, in view of law, laid down by the Apex Court, in the case of State of Madhya Pradesh vs. Laxmi Narayan and others (Supra), this Application, under Section 482 of Cr.P.C., does not fall, under the category of cases of matrimonial dispute, to be disposed of on the basis of compromise. In the result, relief prayed for, on the basis of compromise, in this Application, under Section 482 of Cr.P.C., is being declined. 8. In view of what has been discussed above, this Application, under Section 482 of Cr.P.C., merits dismissal and it stands dismissed accordingly.