NAUSHAD AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLA/9582/2024 · 2025-07-21
Nalin Kumar Srivastava
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 100910 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100910 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:119643 Court No. - 83 Case :- CRIMINAL APPEAL No. - 9582 of 2024 Appellant :- Naushad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Shiv Sharan Tripathi Counsel for Respondent :- Piyush Kumar Tiwari,G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the appellants, learned counsel for the opposite party no. 2 and learned A.G.A. for the State and perused the record. 2. In pursuance of the order dated 17.07.2025 passed by this Court Sri Rohit Kumar, District Disabled Empowerment Officer, District Aligarh is present in person before this Court and filed his own affidavit explaining the reasons for non-compliance of the orders of this Court dated 15.05.2025 and 02.07.2025 seeking apology for the same. In the affidavit, he has stated that the post of District Welfare Officer, Aligarh was vacant and he was provided additional charge of District Social Welfare Officer, Aligarh and other charges in District Aligarh as per the order/instruction of the Higher Authority. He also stated that due to gap of internal communication between him and higher authority of the concerned district, he could not comply the orders of this Court. Now, the District Social Welfare Officer, Aligarh has submitted its report dated 19.07.2025 stating therein that no financial aid was provided by the Government to the victim of this case. The reasons given by the aforesaid officer are sufficient. His personal appearance is exempted till further orders and the notice is discharged. The said affidavit is taken on record. 3. The parties before this Court had made a request that they have entered into a compromise in this matter and have settled all the disputes between them and now they do not want to proceed with this matter. 4. A perusal of record shows that by way of present criminal appeal legality and validity of the charge-sheet dated 31.08.2023 and summoning/cognizance order dated 17.11.2023 were assailed by the appellants whereby the cognizance was taken by the learned Additional Sessions Judge/Special Judge SC/ST Act, Aligarh in
Sessions Case No. 3373 of 2023 (State Vs. Naushad and others), arising out of Case Crime No. 330 of 2023, under Sections 323, 504, 506 IPC and Section 3(2)(va) of SC/ST Act, Police Station Tappal, District Aligarh. 5.
Learned counsel for the appellants has submitted that the compromise entered into between the parties has been made without any coercion or undue influence upon the opposite party nos. 2 to 4 and is a result of free will and consent of the parties. 6. This Court vide order dated 27.09.2024 directed the learned trial court to verify the compromise deed and after due verification submit its report to this Court. 7. In compliance of the orders dated 27.09.2024 and 15.05.2025/02.07.2025 passed by this Court, learned trial court submitted its verification report dated 08.11.2024 and District Social Welfare Officer, Aligarh submitted its report dated 19.07.2025 that no financial aid was provided by the Government to the victim of this case. 8. It appears from perusal of the record that the present case is having a nature of purely private dispute and prima facie it also appears that the alleged offence has not been committed on account of the caste of the victim and except some offence under SC/ST Act, minor offences have been levelled against the accused. Further, the compromise between the parties is the result of free will and consent of the opposite party nos. 2 to 4 without any undue influence. 9. Whether a compromise can be verified and accepted in a case relating to an offence under SC/ST Act has been answered in Ramawatar Vs. State of M.P. (2022) 13 SCC 635. Paragraph no. 17 of the said judgment is quoted herein below:-
"17. On the other hand, where it appears to the Court that the offence in question, although covered under the SC/ST Act, is primarily private or civil in nature, or where the alleged offence has not been committed on account of the caste of the victim, or where the continuation of the legal proceedings would be an abuse of the process of law, the Court can exercise its powers to quash the proceedings.
On similar lines, when considering a prayer for quashing on the basis of a compromise/settlement, if the Court is satisfied that the underlying objective of the Act would not be contravened or diminished even if the felony in question goes unpunished, the mere fact that the offence is covered under a
"special statute" would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 Cr.P.C."
10. It is further held in paragraph no. 19 of the said judgment which is quoted herein under:-
"19. We may hasten to add that in cases such as the present, the Courts ought to be even more vigilant to ensure that the complainant-victim has entered into the compromise on the volition of his/her free will and not on account of any duress. It cannot be understated that since members of the Scheduled Caste and Scheduled Tribe belong to the weaker sections of our country, they are more prone to acts of coercion, and therefore ought to be accorded a higher level of protection. If the Courts find even a hint of compulsion or force, no relief can be given to the accused party. What factors the Courts should consider, would depend on the
facts and circumstances of each case"
11. A perusal of the full Bench judgment in Ghulam Rasool Khan And Others vs State Of U.P And Another 2022 (8) ADJ 691 reveals that a matter under the SC/ST Act may be compounded in a criminal appeal under section 14-A(2) of SC/ST Act and there is no need to take recourse of U/s. 482 Cr.P.C. for the same.
12. In view of that, this Court finds that since the parties have entered into compromise which has already been verified by the trial court and the compensation amount has not been provided by the Government to the victim of this case, now nothing rests in this matter to continue.
13. Hence, the charge-sheet dated 31.08.2023 as well as entire proceedings in Sessions Case No. 3373 of 2023 (State Vs. Naushad and others), arising out of Case Crime No. 330 of 2023, under Sections 323, 504, 506 IPC and Section 3(2)(va) of SC/ST Act, Police Station Tappal, District Aligarh alongwith cognizance
order dated 17.11.2023 passed by the learned Additional Sessions Judge/Special Judge SC/ST Act, Aligarh as well are set aside and quashed and the present criminal appeal is disposed of in terms of compromise entered into by both the parties.
Order Date :- 22.7.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad