Full Judgment Text
2023 INSC 668
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2255 OF 2023
(@ SPECIAL LEAVE PETITION (Crl) NO. 4405 OF 2018)
SUNIL KUMAR .....APPELLANT
VERSUS
STATE OF U.P. & ANR. .....RESPONDENTS
J U D G M E N T
BELA M. TRIVEDI, J.
1. Leave granted.
2. The present Appeal is directed against the judgment and order dated
13.03.2018 passed by the High Court of Judicature at Allahabad in
Application No. 31175 of 2015 filed by the appellant-applicant seeking
quashing of the chargesheet as well as the entire proceedings in
respect of the case no. 3354 of 2015 pending in the Court of Chief
Signature Not Verified
Judicial Magistrate, Fatehpur (U.P.), whereby the High Court has
Digitally signed by
SNEHA DAS
Date: 2023.08.03
16:27:22 IST
Reason:
dismissed the said Application.
1
3. The appellant was working as an Assistant Engineer in Uttar Pradesh
Power Corporation Ltd. and the respondent no. 2 was working as
Peon in the said office of the petitioner. On 11.09.2014, the appellant
lodged an F.I.R. being no. 509 of 2014 before the Inspector In
Charge, Kotwali Sadar, District Fatehpur alleging, inter alia, that an
altercation had taken place between him and the respondent no. 2 in
connection with some articles to be given to one consumer from the
store, and the respondent no. 2 suddenly got annoyed and started
abusing and threatening the appellant, and also tried to assault him
with his sleeper. On the next day i.e., on 12.09.2014, the respondent
no. 2 also lodged a complaint against the appellant before the said
police station in respect of the said incident, and alleged that the
appellant had assaulted, abused and also threatened to kill him. After
the investigation, the Investigating Officer submitted the chargesheet
against the appellant in respect of the F.I.R. No. 255 of 2014 for the
offence under Section 323, 504 and 506. The appellant, therefore,
filed the Application being no. 31175 of 2015 before the High Court to
quash the said proceedings, which has been rejected vide the
impugned order.
2
4. Heard the learned counsel for the appellant and for the respondent
no. 1 - State of U.P. Nobody has entered appearance for the
respondent no. 2 though duly served. Possibly, he has nothing to say
and object.
5. Having regard to the submissions made by the learned counsel for
the parties and to the documents on record particularly from the cross
complaints filed by the appellant and the respondent no. 2 against
each other, it appears that the alleged incident had taken place on
11.09.2014 in the office of the appellant, and the chargesheet was
filed in the Court of Chief Judicial Magistrate, Fatehpur (U.P.) against
the appellant in respect of the complaint filed by the respondent no. 2.
The said case is pending without trial since 2015 in the said court.
6. Considering the nature of allegations against the appellant which are
of very trivial nature and considering the fact that there is no progress
made in the proceedings since the chargesheet was filed against the
appellant in the year 2015, the Court is of the opinion that continuing
the proceedings would be a persecution and harassment to the
appellant. As such a petty incident which took place in their office
should have been resolved by the parties on that day itself, instead of
stretching it so far.
3
7. In that view of the matter, the proceedings in the case no. 3354 of
2014 pending in the court of Chief Judicial Magistrate, Fatehpur
(U.P.) against the appellant are quashed and set aside. The appeal
stands allowed.
…..................................J.
[SANJIV KHANNA]
…..................................J.
[BELA M. TRIVEDI]
NEW DELHI;
03.08.2023
4