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2025 DAILYLAW 141645 (ALL)

OM PRAKASH YADAV AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

A482/4417/2025 · 2025-07-09

Subhash Vidyarthi

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39143 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4417 of 2025 Applicant :- Om Prakash Yadav And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A.,Chanchal Kumar Pandey Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashutosh Pandey, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A appearing on behalf of the State and Sri Chanchal Kumar Pandey, learned counsel for the informant/opposite party no.2 2. By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the chargesheet dated 16.05.2024 arising out of Case Crime No. 60 of 2024, under Sections 323, 504, 506, 427 I.P.C and Section 3(1)(Da) (Dha) of SC/ST Act, Police Station Jaitpur, District Ambedkar Nagar along with the proceedings of Case No. 534 of 2025 titled as "State Vs. Om Prakash and others" which is pending in the Court of Special Judge SC/ST Act, Ambedkar Nagar. 3. The aforesaid case has been instituted on the basis of an FIR lodged on 15.04.2024 stating that the accused persons had beaten up the informant/opposite party no.2 and some other persons, who tried to intervene. Two persons had received simple injuries in the incident. 4. After investigation, the Investigating Officer has submitted a chargesheet dated 16.03.2024 and the trial court has taken cognizance of the offence by means of an order dated 20.01.2025. 5. During pendency of the matter, the parties have arrived at a settlement on 06.05.2025, wherein the opposite party no.2 has stated that keeping in view the good conduct of the accused persons, the parties have arrived at a settlement and the opposite party no.2 does not want any proceedings to continue against the applicants. The compromise have been singed by the informant and both the injured persons (who are minor). 6. A supplementary affidavit has been filed on behalf of the opposite party no.2 annexing therewith a copy of the verification report submitted by the trial court, which has verified the genuineness of the compromise. 7. Sri Chanchal Kumar Pandey, learned counsel for the informant/opposite party no.2 and victims have accepted the compromise and have supported the prayer for quashing of the proceedings. 8. In Ramawatar v. State of M.P., (2022) 13 SCC 635, the FIR lodged under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act), 1989 read with Section 34 IPC alleged that the appellant threw a brick on the complainant and also made filthy and slur remarks on her caste. There was a civil dispute between the parties. The appellant was convicted under Section 3(1)(x) of the SC/ST Act. The appeal filed against his conviction was dismissed by the High Court of Madhya Pradesh, Jabalpur Bench. During pendency of further appeal before the Hon'ble Supreme Court, the complainant filed an application that the parties had settled their disputes through a compromise. The Hon'ble Supreme Court held that: - "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." 9. In view of the law laid down by the Hon'ble Supreme Court in the case of Ramawatar (Supra), the present application is allowed and the chargesheet dated 16.05.2024 arising out of Case Crime No. 60 of 2024, under Sections 323, 504, 506, 427 I.P.C and Section 3(1)(Da) (Dha) of SC/ST Act, Police Station Jaitpur, District Ambedkar Nagar along with the proceedings of Case No. 534 of 2025 is hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 9.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench