Sunil Kumar vs The State Of Uttar Pradesh

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

JUDGMENT

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 Digitally signed by SNEHA DAS Judicial Magistrate, Fatehpur (U.P.), whereby the High Court has 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