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2025 DAILYLAW 153856 (ALL)

KARUNESH AGNIHOTRI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

CRLA/2258/2025 · 2025-08-08

Brij Raj Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 28 Case :- CRIMINAL APPEAL No. - 2258 of 2025 Appellant :- Karunesh Agnihotri Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Shankar Lal Pandey,Manoj Kumar,Sapna Counsel for Respondent :- G.A.,Abhishek Shukla,Chandra Bhal Dubey Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for appellant as well as learned counsel for the opposite party No. 2 and learned A.G.A. for the State. 2. This criminal appeal has been filed for quashing the entire proceedings of Session Trial No. 2017 of 2022 (State Vs. Bhanu @ Prashant Pathak and others) arsing out of Charge-sheet No. 68 of 2022 dated 19.05.2022 under Sections 323, 504, 352, 341 I.P.C. and Section 3(1) (Da), 3(1) (Dha), 3(2) (ka) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Shivratanganj, District Amethi as well as summoning order dated 02.12.2022 passed by the court of Special Judge SC/ST Act, Raebareli. 3. Learned counsel for the appellant has submitted that in this case, parties have compromised the matter outside the Court and the original compromise deed has been filed as SCA-1 to this application. He submits that the aforesaid case may be decided in terms of the compromise arrived at between the parties. 4. Learned counsel appearing for opposite party no.2, also states that he has no objection in case compromise takes place between the parties. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court, as such, compromise has to be duly verified in presence of the parties before the court concerned. 6. In view of the aforesaid facts, parties are directed to appear before the court concerned i.e.Special Judge SC/ST Act, Raebareli on 14.8.2025 along with an application annexing therewith the original compromise deed. If such compromise application is filed, the court concerned shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise within three weeks thereafter. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court making compromise to be part of the record. The court concerned will allow the parties to obtain certified copy of the report as well as compromise. 7. Till the compromise is verified by the court concerned, all the proceedings of Session Trial No. 2017 of 2022 (State Vs. Bhanu @ Prashant Pathak and others) arsing out of Charge-sheet No. 68 of 2022 dated 19.05.2022 under Sections 323, 504, 352, 341 I.P.C. and Section 3(1) (Da), 3(1) (Dha), 3(2) (ka) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Shivratanganj, District Amethi, shall remain stayed. 8. After verification of compromise, it will be open for the appellant to approach this Court again by filing a fresh petition for quashing of the entire proceedings on the basis of compromise. 9. Office is directed to return the original compromise deed filed along with this appeal to learned counsel for the appellant after retaining a photocopy of the same on record within 24 hours. 10. The appeal stands disposed of. (Brij Raj Singh,J.) Order Date :- 8.8.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench