HIRA MANI DEVI AND 3 OTHER v. STATE OF U.P. AND ANOTHER
CRLA/5971/2021 · 2026-09-07
Santosh Rai
Criminal Appealbody2021
DailyLaw.ai
[ 2021 DAILYLAW 1724 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2021 DAILYLAW 1724 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 5971 of 2021 Court No. - 93 HON'BLE SANTOSH RAI, J.
1. Heard Sri Nikil Pathak, learned counsel for the appellants and Sri Abhishek Srivastava, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 2. The present appeal has been filed under Section 14A(1) of S.C. & S.T. Act by the appellants challenging the chargesheet 28.02.2021 and summoning order dated 07.07.2021 passed by learned Special Judge (SC/ST Act), Varanasi in Case Crime No.13 of 2021 under Sections 323, 504, 506, 452 and 427 IPC and Sections 3(1)(r) and 3(1)(s) of SC/ST Act, P.S.- Jansa, District- Varanasi. 3. The only prayer is for quashing the chargesheet and summoning order. It is contended that as the parties have arrived at a compromise and settled the matter amicably, therefore, proceedings with the case is nothing but futile. 4. This Court by its order dated 08.07.2026 directed the court concerned to verify the compromise. In compliance of the said order, copy of the verified compromise dated 28.07.2026 has been transmitted to this Court. 5. Learned counsel for the opposite party no.2 submit that he has no objection in case summoning order is set aside and charghesheet is quashed in the light of the compromise/settlement between the parties. He further submits that the compensation provided to the opposite party no.2 has already been returned to the State, which fact is ascertained from the copy of Versus Counsel for Appellant(s) : Nikil Pathak, Santosh Kumar Tiwari, Sunil Kumar Mishra, Udai Shankar Chauhan Counsel for Respondent(s) : Abhishek Srivastava, Ashish Kumar Gupta, G.A. Hira Mani Devi And 3 Other .....Appellant(s) State of U.P. and Another .....Respondent(s)
the verified compromise deed, in which it is mentioned that the compensation of Rs.75,000/- has already been returned. 6. It is admitted and contended by the opposite party no.2 that essentially the dispute is private in nature further that in case proceeding is quashed, the interest of society is not likely to be affected. 7. Learned counsel for the appellants has placed reliance on the judgments of the Apex Court in the case of Romgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, Nikhil Merchant Vs.
C.B.I. and another, 2008(9) SCC 677, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409. 8. Learned AGA could not dispute the fact that the compromise has been entered into between the parties and now the opposite party no.2 does not want to proceed with the proceedings in issue. 9. Since both the parties to the dispute have arrived at a compromise and the compensation of Rs.75,000/- provided to the opposite party no.2 (Rs.75,000/-) has already been refunded to the State, as duly verified by the letter of Special Judge (SC/ST Act), Mau dated 28.07.2026, in such a situation, the Court has inherent jurisdiction to pass a suitable order as may be necessary the larger interest of the parties. 10. Considering the submissions advanced by learned counsel for the parties and taking note of the observations made by Hon'ble Apex Court in the judgments referred above and the nature of dispute/crime, this Court is of the view that no purpose would be served in keeping the proceedings pending before the trial court and hence, the entire proceedings of Case Crime No.13 of 2021 under Sections 323, 504, 506, 452 and 427 IPC and Sections 3(1)(r) and 3(1)(s) of SC/ST Act, P.S.- Jansa, District- Varanasi are hereby quashed with respect to the appellants herein, in terms of the compromise. 11. Accordingly, the present appeal is allowed. 12. Registrar (Compliance) is directed to communicate the instant order to CRLA No. 5971 of 2021 2
the court concerned through District and Sessions Judge, Varanasi by e- mail/FAX within three days. September 8, 2026 Ankit. CRLA No. 5971 of 2021 3 (Santosh Rai,J.) Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad