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Allahabad High Court
Brahmanand vs The State Of U.P. And Anr. on 22 August, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Neutral Citation No. - 2025:AHC-LKO:49558 Court No. - 11 Case :- CRIMINAL REVISION No. - 3 of 2016 Revisionist :- Brahmanand Opposite Party :- The State Of U.P. And Anr. Counsel for Revisionist :- Rajesh Kumar Srivastava,Praveen Singh Counsel for Opposite Party :- G A,Ankit Srivastava Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the revisionist, learned AGA for the State and perused the record.
2. The present revision under Section 397/401 of Cr.P.C. has been filed seeking following main relief (s):-
“Wherefore, it is most respectfully prayed that this Hon’ble Court may kindly be pleased to set aside the judgment and order dated 04.11.2015 passed by the Additional Sessions Judge Court No. 17 Lucknow in juvenile appeal no. 68/2014 against the revisionist and as well as order dated 17.02.2014 passed by the juvenile court (contained as Annexure No. 10 & 9 to this revision).”
3. It would be apt to indicate that vide order dated 17.02.2014, passed by the Juvenile Justice Board, Lucknow in exercise of powers under Section 319 Cr.P.C. the revisionist was summoned to face trial.
4. During the pendency of the present revision, vide order dated 06.11.2019, passed in Case U/S 482/378/407 No. 5580 of 2018 (Manoj Kumar Vs. The State of U.P. and others), the proceedings of Case No.1 of 2008, arising out of Case Crime No.359A of 1997, under Sections 147, 323, 504, 506 and 307 I.P.C. at Police Station – Hasanganj, District – Lucknow have been quashed. The order dated 06.11.2019 is extracted herein under :-
“Heard learned counsel for the applicant, learned AGA for the State of U.P. and learned counsel for the opposite party no. 2 and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 18.12.1997 as well as cognizance order dated 09.06.1998 and entire proceedings of Case No. 1 of 2008 arising out of Case Crime No. 359A of 1997, under Sections 147, 323, 504, 506 and 307 I.P.C., P.S. Hasanganj, District Lucknow.
Learned counsel for the applicant and learned counsel for opposite party no. 2 have jointly submitted that in pursuance of the earlier order dated 14.09.2018, the matter was sent before the court below for verification of the compromise deed.
It is evident from the record that the factum of the compromise has been verified by the court below vide report dated 08.10.2018. The compromise deed is appended as Annexure 8 to the application.
Learned AGA has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below.
Hon’ble Apex Court, in catena of decisions, viz., Gian Singh Vs. State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs. State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466, has held that inherent power can be used to do real and substantial justice. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.
In view of the aforesaid fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of the compromise, no useful purpose would be served in proceeding with the matter any further.
For the discussions made above, the present application is allowed.
Charge sheet dated 18.12.1997 as well as cognizance order dated 09.06.1998 and entire proceedings of Case No. 1 of 2008 arising out of Case Crime No. 359A of 1997, under Sections 147, 323, 504, 506 and 307 I.P.C., P.S. Hasanganj, District Lucknow are hereby quashed.”
5. It would also be relevant to indicate that the proceedings in Case Crime No.359/1997 have also been quashed by this Court vide order dated 06.11.2019, passed in Case U/S 482/378/407 No.5615 of 2018 (Juthan Ram Nishad Vs. State of U.P. and another). The order dated 06.11.2019 is extracted herein under :-
“Heard learned counsel for the applicant, learned AGA for the State of U.P. and learned counsel for the opposite party no. 2 and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 29.10.1997 as well as entire proceedings of Sessions Trial No. 75 of 2000 arising out of Case Crime No. 359 of 1997, under Sections 307, 323, 452, 504, 506 I.P.C. and Section 3(1)(x) of SC/ST Act, P.S. Hasanganj, District Lucknow.
Learned counsel for the applicant and learned counsel for opposite party no. 2 have jointly submitted that in pursuance of the earlier order dated 14.09.2018, the matter was sent before the court below for verification of the compromise deed.
It is evident from the record that the factum of the compromise has been verified by the court below vide report dated 08.10.2018. The compromise deed is appended as Annexure 4 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicants.
Learned AGA has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below.
Hon’ble Apex Court, in catena of decisions, viz., Gian Singh Vs. State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs. State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466, has held that inherent power can be used to do real and substantial justice. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.
In view of the aforesaid fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of the compromise, no useful purpose would be served in proceeding with the matter any further.
For the discussions made above, the present application is allowed.
Charge sheet dated 29.10.1997 as well as entire proceedings of Sessions Trial No. 75 of 2000 arising out of Case Crime No. 359 of 1997, under Sections 307, 323, 452, 504, 506 I.P.C. and Section 3(1)(x) of SC/ST Act, P.S. Hasanganj, District Lucknow are hereby quashed.”
6. It would also be relevant to indicate that the order(s) aforesaid were passed by this court after the settlement of the dispute between the parties on the basis of compromise..
7. Taking note of the aforesaid as also the impugned order dated04.11.2015, passed by the Additional Sessions Judge, Court No.17, Lucknow in Juvenile Appeal No.68 of 2014, and the order dated 17.12.2014, passed by the Juvenile Justice Court, Lucknow in Case No.1 of 2008 (State Vs. Manoj Kumar) as also the reasoning recorded by the Juvenile Court in its order dated 17.02.2014, this Court finds that interference in the matter is required. It is for the following reasons :-
(i) The dispute between the parties has already been settled and the proceedings of the Case Crime No.359/1997 and Case Crime No. 359A/1997, in terms of settlement have already been quashed by this Court vide orders dated 06.11.2019, quoted above.
(ii) Persons from both the side had sustained injuries and as per the prosecution case the injuries were not fatal as appears from the record.
(iii) Both the parties are living happily in the same vicinity.
8. In the aforesaid background, the criminal revision is allowed. The judgment and order dated 04.11.2015, passed by the Additional Sessions Judge, Court No. 17, Lucknow in Juvenile Appeal No.68/2014 (Brahmanand Vs. The State) and the order dated 17.02.2014 passed by the Juvenile Court, Lucknow in Case No.01 of 2008 (State Vs. Manoj Kumar), contained as Annexure No. 10 & 9 to this revision are hereby set aside.
Order Date :- 22.8.2025
ML/-
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