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2025 DAILYLAW 118081 (ALL)

KAMLESH YADAV ALIAS KAMLESH KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

CRLA/217/2025 · 2025-01-21

Karunesh Singh Pawar

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4882 Court No. - 16 Case :- CRIMINAL APPEAL No. - 217 of 2025 Appellant :- Kamlesh Yadav Alias Kamlesh Kumar Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Atul Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned A.G.A. for the State as well as Shri Anoop Kumar Vajpayee, learned Advocate who has filed vakalatnama on behalf of respondent no. 2 along with counter affidavit which is taken on record. Learned counsel for the parties submit that compromise was entered between the parties and vide order dated 09.12.2024, both the parties were directed to appear before the concerned court/trial court for verification of the compromise deed which is on record as Annexure No. 3 to the petition. The petitioner as well as respondent no. 2 were present before the Special Judge (S.C./S.T. Act), Ambedkar Nagar and in their presence the compromise has been verified by the Special Judge, copy of which is on record as Annexure No. 3 to the petition. Learned counsel for the parties submit that since the parties have amicably settled their dispute outside the Court by way of compromise and the said compromise has been verified under the order of the Court, hence, in view of the law laid down by the Apex Court in the case of "Ramawatar v. State of M.P., (2022) 13 SCC 635 ", the proceedings impugned are liable to be quashed. Learned A.G.A. has no objection to this innocuous prayer. In view of the above and considering the law laid down by the Supreme Court in the case of Ramawatar v. State of M.P., (2022) 13 SCC 635, as well as the fact that the compromise entered between the parties has been verified by Special Judge (S.C./S.T. Act), Ambedkar Nagar, the proceedings of S.T. No. 26/2022, "State Vs. Kamlesh Yadav" Case Crime No. 10/2021, under sections 323/504/506 I.P.C. and sections 3(1) Da and Dha of S.C./S.T. Act, P.S. Malipur, District Ambedkar Nagar are hereby quashed. The petition is allowed. Order Date :- 21.1.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench