# Chand Khan v. State of U.P. & Ors - **Citation:** (2020) 10 ILRA 345 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2020-02-27 - **Case number:** Application U/S 482 No. 7908 of 2020 - **Bench:** Ram Krishna Gautam - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/chand-khan-v-state-of-u-p-ors-45237 - **Pages:** 3 ## Headnote Criminal Law -Indian Penal Code (45 of 1860) - Sections 498A, 323, 324, 307 - Attempt to commit murder - Criminal Procedure Code (2 of 1974) , S.482 - Quashing of proceedings - Compromise between parties - Medico Legal Report, showed injuries in almost every part of body - injuries caused by blunt object and sharp edged weapon - Held - offence not fall under the category of matrimonial dispute - compounding of such kind of heinous offence will be against ends of justice & it will be detrimental to the interest of justice. (Para 7) Dismissed (E-5) List of Cases cited:- St. of M.P. Vs Laxmi Narayan & ors. 2019 AIR 1296 ## Text 10 All. Chand Khan Vs. State of U.P. & Ors. 345 26. In this Public Interest Litigation, we find that on 15.10.2019 a detailed mandamus was issued by this Court but we find, and have also been informed by the Advocate Commissioners present in the Court, that parking as per the order dated 15.10.2019 has not been done. In this regard, the Nagar Nigam may positively see that the order dated 15.10.2019 is complied with by the next date fixed. The mandamus issued on 15.10.2019 is being represented here as under:- "In view of whatever stated above, in addition to the directions already given, we deem it appropriate to further direct the respondents as follows: (i) The parking zone identified opposite to Yatrik Hotel shall be made operational positively on or before 21st October, 2019. (ii) Viability shall be examined by the respondents to provide parking on the third lane at S.P. Marg till having permanent parking zones as identified by the respondents. (iii) The respondents shall consider the issue with regard to reduction of parking charges for parking the vehicles on Mahatma Gandhi Road and shall arrive at a definite decisions before next date of listing. (iv) The respondents shall ensure complete maintenance of existing multilevel parking within a period of three days from today. The respondents shall take care of elevators, lighting system and shall make the entire area stray animals free. (iv) The respondents shall put necessary highlighted marks to identify the parking space on the road concerned. (v) The multi-storyed buildings and other buildings situated in the city of Prayagraj which are also having their own sanctioned parking space shall make those functional positively and shall not utilize that for any other purpose except parking. If any building owner or occupier utilizes such parking space for any other purpose than the parking then it shall be open for the respondents to take appropriate penal measures including initiation of proceedings under Contempt of Courts Act, 1971 before this Court." 27. In the city of Prayagraj, we also find that no attention is being paid to the fused street light bulbs which we have found in almost every locality. We expect from the Nagar Nigam to replace all the fused street light bulbs in the city of Prayagraj by the next date fixed. 28. Put up this matter on 14.10.2020 at 02:00 PM. 29. We appreciate the work being done by the Advocate Commissioners in these days of pandemic. We, therefore, direct that the Advocate Commissioners be paid a minimum of Rs.500/- per report which they have submitted. This would be in consonance with the Circular dated 26.04.2016 issued by National Legal Services Authority wherein every counsel has to be paid a minimum of Rs.500/- per application which is filed. ---------- (2020)10ILR A345 ORIGINAL JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 27.02.2020 BEFORE THE HON'BLE RAM KRISHNA GAUTAM, J. Application U/S 482 No. 7908 of 2020 Chand Khan ...Applicant Versus State of U.P. & Ors. ...Opposite Parties Counsel for the Applicant: 346 INDIAN LAW REPORTS ALLAHABAD SERIES Sri Babu Lal Ram Counsel for the Opposite Parties: A.G.A., Sri Arjun Singh Yadav Criminal Law -Indian Penal Code (45 of 1860) - Sections 498A, 323, 324, 307 - Attempt to commit murder - Criminal Procedure Code (2 of 1974) , S.482 - Quashing of proceedings - Compromise between parties - Medico Legal Report, showed injuries in almost every part of body - injuries caused by blunt object and sharp edged weapon - Held - offence not fall under the category of matrimonial dispute - compounding of such kind of heinous offence will be against ends of justice & it will be detrimental to the interest of justice. (Para 7) Dismissed (E-5) List of Cases cited:- St. of M.P. Vs Laxmi Narayan & ors. 2019 AIR 1296 (Delivered by Hon'ble Ram Krishna Gautam, J.) 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. 10 All. Udai Shanker Shukla & Ors. Vs. State of U.P. & Ors. 347 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 clearcut, 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. ---------- (2020)10ILR A347 ORIGINAL JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 13.04.2020 BEFORE THE HON'BLE SUDHIR AGARWAL, J. Application U/S 482 No. 8286 of 2005 Udai Shanker Shukla & Ors. ...Applicants Versus State of U.P. & Ors. ...Respondents Counsel for the Applicants: Sri P.N. Tripathi, Sri Anand Prakash Srivastava, Sri Mahendra Pratap Tiwari Counsel for the Respondents: A.G.A., Sri Chandan Sharma, Sri Satyendra Singh Criminal Law - Criminal Procedure Code (2 of 1974) - Section 482 - Indian Penal Code (45 of 1860) - Sections 419, 420 - Quashing of charge sheet - at the stage of charge sheet factual query, assessment of defence evidence & its consideration is beyond purview of scrutiny u/s 482 Cr.P.C. - no findings can be recorded about veracity of allegations at that juncture in absence of evidence (Para 10, 11) Allegation on basis of forged certificates applicant functioned as Assistant Teacher - Held - since questions of facts have to be examined, whether testimonials are genuine, whether applicants have defrauded public revenue or not & whether there is any mens rea, are all questions of facts requiring appreciation of evidence, no interference is permissible u/s 482 Cr.P.C. - charges are serious - No interference is permissible at this stage - Charge sheet not liable to be quashed. (Para 28) Dismissed (E-5) List of Cases cited: 1. Md. Allauddin Khan Vs The St. of Bihar & ors. Cri. Appeal No.675 of 2019 15.04.2019