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Allahabad High Court says compromise between parties won’t be affected by attempt to murder charge in FIR

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The Allahabad High Court said that it would not be a bar to the compromise entered into between parties to put an end to disputes between them on mere incorporation of attempt to murder in the FIR and the charge-sheet.

A single-judge bench of Justice Subhash Vidyarthi passed this order while hearing an Application under section 482 filed by Dr Mohd Ibrahim And Ors.

By means of the application under Section 482 CrPC, the applicants have sought quashing of the summoning order dated August 27, 2016 passed by the Additional Chief Judicial Magistrate, Barabanki in a case arising out of charge-sheet dated May 31, 2016 filed in case under Sections 147, 148, 149, 323, 504, 506, 427, 307 IPC, Police Station Safdarganj, District Barabanki.

On May 31, 2016 the respondents had filed an FIR alleging that there arose a property dispute between the parties and the revenue authorities had demarcated the land about 22 days ago. On May 31, 2016 the applicants started tiling the informant’s farms and upon protest they assaulted and threatened the respondents.

On July 28, 2021 the parties entered into a compromise, in which it is stated that Mohd Amin, son of Shakur, who was also named in the FIR has died on July 02, 2020. With the intervention of respected persons and relatives, the parties have entered into a compromise and there is no dispute remaining between them and the respondents do not want any action against the applicants.

By means of an order dated December 9, 2021 the Court had directed that a letter be sent to the Additional Chief Judicial Magistrate, Barabanki to verify the compromise dated July 28, 2021 in accordance with the procedure prescribed in law and send the report to the Court.

In compliance with the order, the Additional Chief Judicial Magistrate, Barabanki has submitted a report that the applicants and the respondents have appeared before him along with their Advocates and they accepted the compromise.

Before proceeding to decide the application under Section 482 CrPC in terms of the compromise, it has to be examined as to whether the charge-sheet and the proceedings of a case can be quashed on the basis of a compromise entered into between the parties, the Court observed.

The Court held that,

Copies of medico legal examination report of the respondents have been filed along with the affidavit filed in support of the application under Section 482 CrPC which indicate that both of them have suffered contusions and abrasions which in the opinion of the Doctor are simple in nature and none of the persons has suffered any grievous injury which may support the charge of committing an offence under Section 307 IPC.

Examining the facts of the case in light of the law laid by the Supreme Court, it transpires that the FIR was lodged stating that there was a property dispute between the parties. Although the FIR and the charge-sheet make a mention of Section 307 IPC, the medical examination report of the respondents mentions simple injuries of contusions and abrasions only and there is no report of any serious injury having been suffered by the respondents. Further, none of the injuries is reported to have been inflicted on any vital part of the body of any of the injured persons. The injuries are reported to have been caused by hard and blunt objects.

Keeping in view of the aforesaid facts, the chance of conviction of the applicants under Section 307 IPC is remote and bleak.

The Court of the view that mere incorporation of Section 307 IPC in the FIR and the charge-sheet, would not be a bar to the compromise entered into between the parties to put an end to the disputes between them.

The Court said that, in view of the peculiar facts and circumstances of the case, the continuance of the proceedings of the case even after the parties have entered into a compromise would only result in persecution of the applicants, which would give rise to a failure of justice.

“In view of aforesaid discussions, the application under Section 482 CrPC is allowed on the basis of the compromise dated July 28, 2021.

The summoning order dated August 27, 2016 passed by the Additional Chief Judicial Magistrate, Barabanki in Case arising out of charge-sheet dated May 31, 2016 filed in case under Sections 147, 148, 149, 323, 504, 506, 427, 307 IPC, Police Station Safdarganj, District Barabanki including the entire proceedings initiated thereafter are hereby quashed,” the Court ordered.

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