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2025 DAILYLAW 153166 (ALL)

MAKSUDALI I SHEIKH (MAKSOOD ALI NAMED IN CHARGESHEET) v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/5983/2025 · 2025-07-30

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44135 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5983 of 2025 Applicant :- Maksudali I Sheikh (Maksood Ali Named In Chargesheet) Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shubham Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shubham Yadav, the learned counsel for the applicants, Sri Manish Kumar Pandey, the learned A.G.A. for the State and Ms. Uroosa Ali, the learned counsel for opposite party No.2 and perused the record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the entire proceedings of Criminal Case No.68/2015 arising out of the Case Crime No.508/2014 under Sections 323/506 IPC and 3(1)X of SC/ST Act relating to Police Station-Bihar, District- Unnao pending in the court of Addl. District Judge-2, SC/ST Act, Unnao. 3. The aforesaid case was instituted on the basis of an FIR lodged by the opposite party No.2 on 06.07.2014 against three persons, including the applicant, stating that the accused persons had beaten up the informant on 13.03.2014. 4. After investigation, the Investigating Officer has submitted a charge-sheet dated 08.09.2024 against the applicant only. Meanwhile, the parties have entered into a settlement on 10.07.2025 wherein it is stated that the parties have resolved their dispute and the opposite parties does not want any proceedings to continue against the applicants. 5. The opposite party No.2 has filed a counter affidavit accepting the compromise and supporting the prayer for quashing of the proceedings. 6. Learned counsel for the applicant as well as the learned counsel for the opposite party No.2 have jointly stated that not even a single prosecution witness has been examined by the trial court. 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. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR makes a mention of SC/ST Act, contents of the FIR do not indicate that any offence was committed because of Opposite party NO.2 belonging to the Scheduled Caste; the incident occurred on 09.03.2014 and the FIR was lodged after more than four months; it appears that there is no medical report to establish any injury suffered by any person; the trial is yet to commence and the parties have resolved their disputes, I am of the view that the continuance of the criminal proceedings will not serve the ends of justice. 9, Accordingly, the present application is allowed and the entire proceedings of Criminal Case No.68/2015 arising out of the Case Crime No.508/2014 under Sections 323/506 IPC and 3(1)X of SC/ST Act relating to Police Station-Bihar, District- Unnao pending in the court of Addl. District Judge-2, SC/ST Act, Unnao are quashed. . (Subhash Vidyarthi,J.) Order Date :- 30.7.2025 -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