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2025 DAILYLAW 184122 (ALL)

SARVESH YADAV @ SARVESH KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

CRLA/3642/2025 · 2025-11-11

Manjive Shukla

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 3642 of 2025 Court No. - 27 HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Saket Kumar Gupta, learned counsel for the appellant, learned Additional Government Advocate for the State and Shri Kapil Dev Chaubey, learned counsel appearing for Opposite Party No. 2. 2. The captioned criminal appeal has been filed by the appellant inter alia praying therein for the following relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Charge Sheet dated 07.06.2017 filed in Criminal Case No. 520 of 2017, in Case Crime No. 0008 of 2017, under Section 323, 504, 506, 379 I.P.C. and 3 (1) X S.C./S.T. Act, Police Station Mall, District Lucknow, State of U.P. Versus Sarvesh Yadav @ Sarvesh Kumar Yadav and order dated 22.07.2017 pending in the Court of Special Judge S.C./S.T. Act, Lucknow and all further proceedings taken in pursuance thereof in the interest of justice." 3. Learned counsels appearing for the parties, at the very outset, have submitted that the parties have entered into a compromise and thereby, they have settled their dispute amicably. 4. It has been informed to the Court that initially a Criminal Appeal No. 3126 of 2025 was filed before this Court and vide order dated 10.10.2025, this Court directed the trial court to verify the compromise deed executed by the parties and to submit its report. The learned Special Judge, S.C./S.T. Act, District Lucknow had verified the compromise entered into Versus Counsel for Appellant(s) : Saket Kumar Gupta Counsel for Respondent(s) : G.A., Kapil Dev Chaubey Sarvesh Yadav @ Sarvesh Kumar Yadav .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Respondent(s) in between the parties vide its order dated 10.10.2025 passed in Special Sessions Trial No. 520 of 2017, State of U.P. Versus Sarvesh Yadav @ Sarvesh Kumar Yadav. The certified copy of the order dated 10.10.2025 is available at Pages No. 22 & 23 of this criminal appeal. 5. This Court finds that the offences for which, the Special Sessions Trial No. 520 of 2017 had been instituted are compoundable and are petty in nature and therefore, if the parties have compromised their dispute, there is no occasion for this Court to allow the trial to continue. 6. Keeping in view the overall facts and circumstances of the case particularly that the parties had entered into compromise and the trial court had verified the veracity of the compromise, this criminal appeal is allowed. The proceedings of the Special Sessions Trial No. 520 of 2017, State of U.P. Versus Sarvesh Yadav @ Sarvesh Kumar Yadav, arising out of Case Crime No. 0008 of 2017, registered under Section 323, 504, 506, 379 I.P.C., Police Station Mall, District Lucknow, are hereby set aside. November 11, 2025 Satish CRLA No. 3642 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench