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2025 DAILYLAW 155032 (ALL)

AMIT SHUKLA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 4 OTHERS

A482/6245/2025 · 2025-07-31

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44575 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6245 of 2025 Applicant :- Amit Shukla And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 4 Others Counsel for Applicant :- Prateek Tewari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Prateek Tewari, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A appearing on behalf of the State and Sri Prashant Shukla, Advocate, who has filed his vakalatnama as well as short counter affidavit on behalf of the learned counsel for the opposite party nos. 2,3,4 and 5, 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 chargesheet dated 13.05.2011 arising out of Case Crime No. 95 of 2011, under Sections 147, 148, 323, 308, 336, 504, 506 I.P.C and 3(1) (X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act P.S. Talkatora, District Lucknow as well as summoning order dated 02.07.2011 along with the entire proceedings of S.T. No. 492 of 2014 pending in the Court of Learned Special Judge, SC/ST Act, Lucknow. 3. The aforesaid case has been instituted on the basis of an F.I.R lodged by the opposite party no.2 on 05.03.2011, alleging that the accused persons have assaulted the informant and some other persons for getting a shop vacated. The opposite party nos. 2 to 5 and the applicant nos.1 and 2 had suffered injuries in the incident. 4. The learned counsel for the applicants and the learned counsel for the opposite party nos. 2 to 5 jointly stated that even charges have not been framed by the trial court and meanwhile, the parties have amicably resolved their disputes and have entered into a settlement dated 25.07.2025, which has been annexed as Annexure No. 6 to the application. 5. The learned counsel for the opposite party nos. 2 to 5 has filed a short counter affidavit accepting the compromise and supporting the prayer for quashing of the proceedings on the basis of compromise. 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 itself states that the incident have taken place for getting a shop vacated and the offence in question was not committed because of caste of the victims. Persons from both the sides have received injuries in the incident. The trial court is yet to commence and the parties have resolved their disputes. 8. 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 of India in the case of Ramawatar (supra), the present petition is allowed and the chargesheet dated 13.05.2011 arising out of Case Crime No. 95 of 2011, under Sections 147, 148, 323, 308, 336, 504, 506 I.P.C and 3(1)(X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act P.S. Talkatora, District Lucknow as well as summoning order dated 02.07.2011 along with the entire proceedings of S.T. No. 492 of 2014 are hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 31.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench