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2025 DAILYLAW 115798 (ALL)

RAMDEV SAHU AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

CRLA/149/2025 · 2025-01-15

Karunesh Singh Pawar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 16 Case :- CRIMINAL APPEAL No. - 149 of 2025 Appellant :- Ramdev Sahu And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Ashutosh Pathak Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Vivek Chauhan, Advocate on behalf of respondent no.2 is taken on record. Heard learned counsel for the appellants, learned A.G.A. for the State and learned counsel for respondent no.2 as well as perused the record. This criminal appeal under Section 14-A (1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed by the appellants Ramdev Sahu, Vasudev, Eavi, Monu @ lalit and Sahdev for quashing of the entire proceeding of the Session Trial No.597 of 2013, Crime No,.227 of 2010, under Section 147, 323, 336, 504, 506, 308 Indian Penal Code and Section 3(1)(X) SC/ST Act, Police Station Nagram, District Lucknow. Learned counsel for the appellant submits that earlier the appellants have filed Criminal Appeal No.3219 of 2024 for quashing of the entire proceedings of Criminal Case S.T. No.597 of 2013 in which following order has been passed by this Court:- "1. Sri Vivek Chauhan, Advocate has put in appearance on behalf of respondent No.2 by filing his vakalatnama in Court today, which is taken on record. 2. Heard Sri Ashutosh Pathak, learned counsel for the appellants, learned A.G.A. for the State, Sri Vivek Chauhan, learned counsel for respondent No. and perused the entire record. 3. The present criminal appeal has been filed for setting aside the entire proceedings of Criminal Case S.T. No.597 of 2013, arising out of Crime No.227 of 2010, under Sections 147, 323, 336, 504, 506, 308 I.P.C. and Section 3(1)(x) S.C./ S.T. Act, Police Station Nagram, District Lucknow, pending in the court of learned Special Judge (S.C./ S.T. Act), Lucknow, as well as charge sheet dated 13.11.2010. 4. Learned counsel for the appellants as well as learned counsel for respondent No.2 jointly submit that nothing as alleged has been committed by the appellants, however, the appellants and the complainant have entered into a compromise on 12.09.2024. They have settled their dispute amicably out of the Court and have decided not to contest the case against each other. Copy of the compromise dated 12.09.2024 is on record as Annexure No.4 to the instant appeal. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the learned trial court, as such, compromise has to be duly verified in presence of the concerned parties before the learned trial court. 6. Accordingly, this appeal is finally disposed of with a direction to the court concerned that if any such compromise is filed before it, notices be issued to all the concerned parties including the injured or victim, if any, requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court concerned and the compromise will be made part of the record. 7. The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the appellants to approach this Court again for quashing/ setting aside of the proceedings. 8. The Registry of the Court is directed to return the original compromise deed, if any, annexed with the instant appeal to the learned counsel for the appellants after retaining a photocopy of the same on record. 9. During the process of verification, process(s), if any, is found to be issued against the appellants, the same shall not be given effect to qua the present appellants, namely, Ramdev Sahu, Vasudev, Ravi, Monu @ Lalit and Sahdev." He submits that in compliance of the order dated 18.10.2024 passed by this court, parties have appeared before the learned court below and filed compromise deed and the same has been verified by the learned trial court, hence, the proceeding impugned be quashed. Learned counsel for the appellant in support of his argument has relied upon the judgement dated 25.10.2021 passed by Hon'ble Supreme Court in the case of Ramawatar vs. State of Madhya Pradesh in Criminal Appeal No.1393 of 2011. The certified copy of the compromise deed dated 12.9.2024 and verification order of compromise deed dated 28.11.2024 passed by learned Special Judge (SC/ST Act) Lucknow are on record. Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioner and learned counsel for the complainant. On due consideration to the arguments advanced by learned counsel for the parties, perusal of the verification report of the learned trial court, also keeping in view the judgement dated 25.10.2021 passed by Hon'ble Supreme Court in the case of Ramawatar vs. State of Madhya Pradesh in Criminal Appeal No.1393 of 2011, the proceedings are liable to be quashed. Accordingly, the appeal is allowed and the entire proceeding of the Session Trial No.597 of 2013, Crime No,.227 of 2010, under Section 147, 323, 336, 504, 506, 308 Indian Penal Code and Section 3(1)(X) SC/ST Act, Police Station Nagram, District Lucknow., is set aside. Order Date :- 15.1.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench