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2025 DAILYLAW 106689 (ALL)

ARUN VARSHNEY AND ANOTHER v. STATE OF U.P AND ANOTHER

A482/38965/2024 · 2025-03-02

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29912 Court No. - 74 Case :- APPLICATION U/S 482 No. - 38965 of 2024 Applicant :- Arun Varshney And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Puneet Srivastava Counsel for Opposite Party :- Rajesh Sharma,G.A. Hon'ble Vikas Budhwar,J. 1. A short counter affidavit has been filed on behalf of opposite party no.2 is taken on record. 2. Heard Shri Puneet Srivastava, learned counsel for the applicants, Shri Sudhir Kumar Chandraul, learned A.G.A. appearing on behalf of the State-respondent and Shri Rajesh Sharma, learned counsel for opposite party No.2. 3. This application has been filed u/s 482 Cr.P.C. for quashing the entire proceeding of Sessions Case No. 2630 of 2023 (State vs. Arun Varshney and another) arising out of Case Crime No. 040 of 2023, under Sections 323, 504, 506 IPC, and Section 3(2)(va) of SC/ST Act, Police Station Chherra, District Aligarh pending in the court of learned Special Judge (SC/ST Act)/ Addl. District & Sessions Judge, Aligari. 4. This Court on 19.11.2024 proceeded to pass the following order: "1. Shri Rajesh Sharma, learned Advocate, has filed memo of appearance and short counter affidavit today in the Court, which is taken on record. Office is directed to print his name as counsel for the respondents when the matter is listed next. 2. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. 3. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the entire proceeding of Session Case No.2630 of 2023 arising out of Case Crime No.040 of 2023 under Section 323, 504, 500 I.P.C. & 3(2)(va) SC/ST Act, Police Station Chherra, District Aligarh. 4. Learned counsel for the applicants has submitted that during pendency of the criminal case, both the parties have settled their dispute amicably out of the Court and inked compromise on 03.09.2024 (Annexure-9) which has been filed before the court below. It is next submitted that both the parties have buried the hatchet and they have no grudges against each other, therefore, instant application may be allowed and the criminal proceeding may be quashed on the basis of the compromise. 5. Learned counsel for opposite party no.2 has nodded the submission as advanced by learned counsel for the applicants and admitted the factum of the compromise took place between the parties. He has contended that opposite party no.2 is no longer inclined to pursue the criminal proceeding against the present applicants, thus, the same may be decided on the basis of compromise. Learned counsel for opposite party no.2 as well as learned A.G.A. has no objection in referring the matter before the court below for verification of compromise. 6. In this conspectus, as above, present applicants and the opposite party no.2 are hereby directed to appear before the court below on 18/19.12.2024. Learned court concerned before whom compromise application is pending, as mentioned above, shall verify the compromise in presence of both the parties after recording their statement and verification report shall be submitted before this Court within a period of two months from the date of appearance of the parties. 7. It is made clear that at the time of verification of compromise application, learned court concerned shall also verify the fact as to whether complainant/victim has received any compensation amount from the State under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 or not. If so received, same shall be made good and deposited/returned in Government exchequer. The court concerned shall call for a report from the concerned District Social Welfare Officer as to whether received compensation amount has been deposited/returned by the victim or not. 8. List this matter on 03.03.2025 along with verification report, if any. 9. Till the next date of listing, further proceeding in the aforesaid case shall remain stayed. " There is a report dated 15.01.2025 of the Special Judge of SC/ST Act/ Addl. District and Sessions Judge, Aligarh, according to which the compromise so entered into between the parties, stands verified and further as per the report dated 13.01.2025 and report dated 15.01.2025, no compensation was paid to the victim/ opposite party no.2. Learned counsel for the applicant submits that during pendency of the proceedings, the parties have themselves compromised and, thus submitted that the proceeding be quashed. 4. Learned AGA for the State and learned counsel for the opposite party have no objection to the same and they do not dispute the said fact that the compromise stood entered and verified. 5. The application is allowed. 6. In view of the above, proceeding of Sessions Case No. 2630 of 2023 (State vs. Arun Varshney and another) arising out of Case Crime No. 040 of 2023, under Sections 323, 504, 506 IPC, and Section 3(2)(va) of SC/ST Act, Police Station Chherra, District Aligarh, pending in the court of learned Special Judge (SC/ST Act)/ Additional District & Sessions Judge, Aligarh are hereby quashed. Order Date :- 3.3.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad