PEER MUHAMMAD AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/4434/2025 · 2025-07-03
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141549 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141549 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37812 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4434 of 2025 Applicant :- Peer Muhammad And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohammad Alishah Faruqi Counsel for Opposite Party :- G.A.,Mohd. Suhail,Sri Mohd. Javed Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Mohammad Alishah Faruqi, the learned counsel for the applicant and Sri Diwakar Singh, the learned A.G.A for the State and Sri Mohd. Javed, the learned counsel for the opposite party no. 2. 2. The instant application has been filed under Section 482 Cr.P.C, the applicant has sought quashing of the charge sheet dated 10.05.2014, summoning order dated 04.02.2016 as well as the entire proceedings of Case No. 465 of 2016 arising out of Case Crime No. 430 of 2014, under Sections 147, 323, 504, 506 I.P.C and 3(1)X of SC/ST (Prevention of Atrocities) Act, 1989 Police Station Mohanganj, District Amethi, which is pending before the court of Special Judge, SC/ST Act, Raebareli. 3. The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 13.05.2025, a copy whereof has been annexed with the affidavit. 4. On 27.05.2025, this Court had directed the trial court to verify the compromise. The compromise has been verified by means of an order dated 11.06.2025 passed by the learned Special Judge, SC/ST Act, Raebareli. It is stated in the compromise that the parties are related to each other and the opposite party no.2 does not want any further proceedings against the applicant. 5. In the case of Ramawatar v. State of M.P., (2022) 13 SCC 635 the Hon'ble Supreme Court has held as follows:
17. ........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 482CrPC."
6. Keeping in view the fact that the parties have amicably settled their disputes outside the court and they are living peacefully and harmoniously and the informant does not want continuance of any proceedings against the applicants, I am of the view that the continuance of criminal proceedings against the applicants will not be in the interest of justice. 7. The learned counsel for the opposite party nos. 2 has supported the prayer made by the applicant and has given his consent for proceedings being quashed on the basis of compromise. 8. Accordingly, the present petition is allowed and the charge sheet dated 10.05.2014, summoning order dated 04.02.2016 as well as the entire proceedings of Case No. 465 of 2016 arising out of Case Crime No. 430 of 2014, under Sections 147, 323, 504, 506 I.P.C and 3(1)X of SC/ST (Prevention of Atrocities) Act, 1989 Police Station Mohanganj, District Amethi, which is pending before the court of Special Judge, SC/ST Act, Raebareli are hereby quashed. . (Subhash Vidyarthi,J.) Order Date :- 3.7.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench