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2025 DAILYLAW 196916 (ALL)

MO. SHAKIL AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

/3253/2025 · 2025-12-12

Ram Manohar Narayan Mishra

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 3253 of 2025 Court No. - 27 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. Supplementary affidavit has been filed today, which is taken on record. Learned counsel for the appellants, learned A.G.A. for the State, learned counsel for appearing for respondent no.2 and perused the record. The instant criminal appeal U/s 14-A(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the impugned summoning order dated 17-09-2025, passed by Learned Special Sessions Judge, S.C./S.T. Act, Lakhimpur Kheri summoning the appellants to face trial vide Special Sessions Trial No. 347/2025, Crime No. 75/2025, U/s 191(2), 115(2), 352, 351(2), 110 B.N.S & 3(1) (द), 3(1) (ध), 3(2) 5A of the S.C./S.T. Act, Police Station-Neemgaon, District- Lakhimpur Kheri as well as impugned charge-sheet no.101/25 dated 10- 04-2025 and 101A/25 dated 02-07-2025. Learned counsel for the appellants submits that during the pendency of the present appeal, parties arrived at a compromise. They are no longer inclined to proceed with the trial.Considering the request of the parties this Court vide order dated 9/10/2025, directed the trial court to verify the compromise entered into between the parties and submit a report before this court within two weeks. Office was directed to return the original copy of the compromise deed to learned counsel for the appellants for being presented before learned trial court. Versus Counsel for Appellant(s) : Rahul Agnihotri Counsel for Respondent(s) : G.A., Uday Kumar Mo. Shakil And 6 Others .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Respondent(s) He next submitted that, act on the direction of this Court, parties appeared before the trial court and submitted a compromise-deed which has been duly verified by the learned trial court by the order dated 4/11/2025 and a copy thereof has been filed along with the supplementary affidavit. The compromise has been signed by the informant Rakesh Kumar and injured Anoop Kumar. He also submitted that according to the prosecution's version, the appellants had assaulted, abused, and threatened the injured Anoop Kumar on the date of the incident. It is also alleged that the appellants assaulted the victim with a stick, due to which he suffered serious injuries. He lastly submitted that the proceeding of the trial court may be quashed in terms of the compromise-deed entered between the parties. Learned AGA submits that the offenses are punishable with a maximum term of 7 years of imprisonment. Learned counsel for opposite party no.2 expressed his concurrence towards the contention made by learned counsel for the appellants. Considering the submissions of learned counsel for the parties and the fact that the offenses are punishable with a maximum term of 7 years of imprisonment and the parties have entered into a compromise and they are not inclined to proceed with the trial of the case. The compromise is accepted in the larger interest of justice so that peace may prevail between the parties and the appeal is allowed.The summoning order dated 17.09.2025 vide Special Sessons Trial No. 347 of 2025 is quashed in terms of the compromise. Let a copy of this order be communicated to the learned trial court concerned for information and necessary action. December 12, 2025 dk/ CRLA No. 3253 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench