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2025 DAILYLAW 149745 (ALL)

SURAJ YADAV AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/5480/2025 · 2025-07-10

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39456 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5480 of 2025 Applicant :- Suraj Yadav And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Kuldeep Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Kuldeep Singh, learned counsel for the applicants, Sri Ashok Srivastava, learned A.G.A. for the State, Sri Ranjeet Singh, learned counsel for the opposite party no. 2 and perused the records. Counter affidavit filed by the learned counsel for opposite party No.2 is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the charge sheet No. 01/2021 dated 08.05.2021 as well as the entire criminal proceeding of Session Case No. 1275/2023, arising out of Case Crime No. 675/2020, under Sections 147, 323, 506 IPC & 3(1)(r), 3(1)(s) of SC/ST Act, Police Station Para, District Lucknow, pending in the court of Special Judge SC/ST Act, Lucknow, on the basis of a compromise entered into between the parties. 3. The aforesaid case was instituted on the basis of an FIR lodged on 23.12.2020 alleging that the accused persons had beaten up and abused persons from the informant side during a birthday party on 22.12.2020. After investigation, the Investigating Officer submitted a charge sheet dated 08.05.2021. 4. The trial court took cognizance of the offences on 01.03.2023 and summoned the applicant to face the trial. Subsequently, the parties have entered into a settlement on 16.06.2025 stating that they have resolved their dispute and the opposite party no. 2 wants closure of the proceedings on the basis of compromise. 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 alleged offence has not been committed because of the caste of the victim, 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. 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 application is allowed and the charge sheet No. 01/2021 dated 08.05.2021 as well as the entire criminal proceeding of Session Case No. 1275/2023, arising out of Case Crime No. 675/2020, under Sections 147, 323, 506 IPC & 3(1)(r), 3(1)(s) of SC/ST Act, Police Station Para, District Lucknow, pending in the court of Special Judge SC/ST Act, Lucknow, are quashed. Order Date :- 10.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench