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2025 DAILYLAW 127355 (ALL)

BALRAM YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

A482/2121/2025 · 2025-03-07

Om Prakash Shukla

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13930 Court No. - 30 Case :- APPLICATION U/S 482 No. - 2121 of 2025 Applicant :- Balram Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- P.K. Mishra Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Power filed today by Shri Vivek Pandey, Advocate on behalf of opposite party No.2 is taken on record. 2. Heard Shri P.K. Mishra, learned counsel for the applicant, learned A.G.A. for the State and Shri Vivek Pandey, learned counsel for opposite party No.2. 3. The present application under Section 482 Cr.P.C. (Now Section 528 of B.N.S.S., 2023) has been filed by the applicant with a prayer to quash the entire criminal proceedings of the S/C ST No.59/2021 CN No.164/2021 arising out of Case Crime No.264/2020 under Section 323/504/506 I.P.C. and Section 3(1) Da, Dha of SC/ST Act, 1989, Police Station-Jaitpur, District-Ambedkar Nagar; State vs. Balram Yadav pending before Special Judge SC/ST Act, District- Ambedkar Nagar. 4. Learned counsel for the parties submit that the applicant and opposite party No.2 have amicably settled their dispute outside the court vide compromise dated 11.12.2024, copy of which is on record as Annexure-6 to the application. 5. Further it has been submitted by learned counsel for the applicant that in compliance of order passed by this Court dated 28.01.2025 the compromise has been verified by the learned trial court. 6. Learned counsel for opposite party No.2 and learned A.G.A. for the State concede the argument made by learned counsel for the applicant. 7. Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed. 8. 8. In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by trial court and the verification report dated 12.02.2025 is on record as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present application is allowed and the criminal proceedings (supra) are hereby quashed. (Om Prakash Shukla, J.) Order Date :- 7.3.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench