SHAILENDRA KUMAR MISHRA ALIAS PANKAJ MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/5866/2025 · 2025-07-22
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152502 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152502 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42068 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5866 of 2025 Applicant :- Shailendra Kumar Mishra Alias Pankaj Mishra Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Onkar Nath Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Onkar Nath Tiwari, the learned counsel for the applicant, Smt. Kamlesh Kumari, the learned A.G.A for the State and Sri Pradeep Kumar, learned counsel for the opposite party no. 2, who has filed a short counter affidavit which is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the entire proceedings of S.T. No. 530 of 2020 arising out of Case Crime No. 173 of 2019, under Sections 323, 325, 504, 506 I.P.C and 3(1)Da, 3(1)Dha of S.C/S.T Act, Police Station Parasupur, District Gonda, which is pending before the Court of Special Judge, S.C/S.T/Additional Session Judge Gonda, on the ground that the parties have entered into a compromise. 3. The aforesaid case was instituted on the basis of an F.I.R lodged by the opposite party no.2 on 23.06.2019, stating that the applicant had attacked on his house on 21.05.2019, forcibly took him to his own home and beaten him up. 4. After investigation, the Investigating Officer had submitted a chargesheet on 23.08.2019 and the trial court took cognizance of the offences on 14.07.2020. 5. During pendency of the proceedings, the parties have arrived at a settlement dated 15.07.2025, wherein it is stated that both the parties have resolved their mutual disputes and differences and they do not want any proceedings to continue. 6. In Ramawatar v. State of M.P., (2022) 13 SCC 635, the Hon'ble Supreme Court has 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."
7. When we examine the facts of the present case in light of the aforesaid law, we find that the F.I.R make a mention of the offence under Section Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the incident alleged to have taken place first in the house of the informant and then in the house of the applicant and no incident is said to have taken place at a public place or in public view. 8. The learned counsel for the opposite party no. 2 has filed a short counter affidavit accepting the compromise and supported the prayer made by the applicant for quashing of the proceedings on the ground of compromise. 9. Keeping in view of the fact that the parties have settled their dispute by way of compromise arrived at between the parties and the law laid down by the Supreme Court in the case of Ramawatar (supra), the present petition is allowed and the entire proceedings of S.T. No. 530 of 2020 arising out of Case Crime No. 173 of 2019, under Sections 323, 325, 504, 506 I.P.C and 3(1)Da, 3(1)Dha of S.C/S.T Act, Police Station Parasupur, District Gonda, is hereby quashed. . (Subhash Vidyarthi,J.) Order Date :- 22.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench