HARKESH BAHADUR SINGH AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/6019/2025 · 2025-07-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153859 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153859 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42952 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6019 of 2025 Applicant :- Harkesh Bahadur Singh And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sumit Kumar Srivastava, the learned counsel for the applicants, Smt Shikha Sinha, the learned A.G.A. for the State and Ms. Manoj Kumari Tiwari, Advocate who has put in appearance on behalf of the opposite party no.2 and files a vakalatnama on his behalf, which is taken on record. Short 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./Section 528 BNSS, the applicants have sought quashing of the entire proceedings of Sessions Trial No.134 of 2023: State Vs. Harkesh Bahadur Singh and others, arising out of Case Crime No.0217 of 2020, under Sections 147, 504, 506 I.P.C. and Section 3(1) (Da), 3 (1) (Dha) & 3 (2) (va) of SC/ST Act, Police Station Jethwara, District Pratapgarh, pending in the Court of learned Special Judge SC/ST Act, Pratapgarh on the ground that the parties have arrived at a settlement. 3. The aforesaid case was instituted on the basis of an
F.I.R. lodged by the opposite party no.2 on 11.06.2020 stating that the accused persons wanted to make him act like a bonded labour and they had abused and beaten him up for the aforesaid reason. The incident said to have occurred on 17.05.2020 and the F.I.R. was lodged on 11.06.2020, wherein the informant stated that he did not get himself examined medically and no person is willing to give evidence in this regard. 4. After investigation a charge sheet has been submitted on 22.08.2020 and the trial court took cognizance of the offence on 18.01.2023. 5. The learned counsel for the applicants states that even charges have not been framed by the trial court till date and meanwhile on 17.07.2025 the parties have arrived at a settlement stating that they are residents of the same village, they have resolved their disputes and decided that the criminal proceedings instituted by the opposite party no.2 be closed and the amount paid to the opposite party no.2 by the Government shall be returned by him. 6.
The opposite party no.2 filed a short counter affidavit accepting the terms of compromise and further stating that he has already returned an amount of Rs.25,000/- to the State Government on 21.07.2025. 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. From the aforesaid facts, it appears that the F.I.R. lodged on 11.06.2020 mentions that the incident had taken place on 17.05.2020, the the informant was not medically examined and he could not procure any witness, therefore, it appears that besides the statement of informant there was no other material to support the allegations levelled in the F.I.R. lodged with a delay of about 25 days. The parties have entered into a settlement even prior to commencement of trial. 9.
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. 10. The present application is allowed and proceedings
of Sessions Trial No.134 of 2023: State Vs. Harkesh Bahadur Singh and others, arising out of Case Crime No.0217 of 2020, under Sections 147, 504, 506 I.P.C. and Section 3(1) (Da), 3 (1) (Dha) & 3 (2) (va) of SC/ST Act, Police Station Jethwara, District Pratapgarh, pending in the Court of learned Special Judge SC/ST Act, Pratapgarh are hereby quashed. . [Subhash Vidyarthi, J.] Order Date :- 25.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench