ASHISH GUPTA AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
A482/4539/2025 · 2025-07-03
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142179 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142179 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37592 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4539 of 2025 Applicant :- Ashish Gupta And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Shailendra Kumar Misra,Vartika Pandey Counsel for Opposite Party :- G.A.,Vartika Pandey Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Shailendra Kumar Misra, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. appearing on behalf of the State, Ms. Vertika Pandey, the learned counsel appearing on behalf of the opposite party no.3 and perused the records. 2. By means of the instant application filed under Section 482 Cr.P.C. the applicants have prayed for quashing of the impugned charge sheet dated 24.12.2021, cognizance order dated 26.07.2022, summoning order dated 07.02.2025 along with entire proceedings of S.C. No.1140 of 2022, arising out of Case Crime No.0608 of 2021, under Section 147, 323, 504 and 506 I.P.C. and Section 3(2)(va), 3(1)(da) and 3(1)(Dha) of SC/ST Act, registered at Police Station Sandi, District Hardoi, pending in the Court of learned Special Judge, SC/ST Act Hardoi. 3. The aforesaid case was instituted on the basis of an F.I.R. lodged on 27.10.2021 stating that all the accused persons had abused and beaten up the informant however the F.I.R. does not mention the place of occurrence whether it was a public place
or not. 4. After investigation the Investigating Officer has submitted a charge sheet on 24.12.2021 and the trial court had taken cognizance of the offence. During pendency of the proceedings the parties have arrived at a settlement on 22.04.2025 stating that the parties are residents of the same locality and they have amicably settled the disputes between them and they are living in harmony. It is stated in the compromise that the parties do not want continuance of any proceedings. 5. The opposite party no.3 has filed an affidavit stating that an amount of Rs.75,000/- received by him as compensation has already been refunded by him. 6. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-4 to the application. The parties have confirmed the terms of the compromise. 7.
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."
8. 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. 9.
In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and proceedings of impugned charge sheet dated 24.12.2021, cognizance order dated 26.07.2022, summoning order dated 07.02.2025 along with entire proceedings of S.C. No.1140 of 2022, arising out of Case Crime No.0608 of 2021, under Section 147, 323, 504 and 506 I.P.C. and Section 3(2)(va), 3(1)(da) and 3(1)(Dha) of SC/ST Act, registered at Police Station Sandi, District Hardoi, pending in the Court of learned Special Judge, SC/ST Act Hardoi are hereby quashed. . [Subhash Vidyarthi, J.] Order Date :- 3.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench