ARVIND KUMAR @ ARVIND PAL AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/15493/2017 · 2025-10-08
Rajiv Lochan Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42926 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42926 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 15493 of 2017 Court No. - 83 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. On 22.05.2025 this Court passed the following order :
"1. Heard Shri Ram Jeet Singh, learned counsel for the applicant, Shri Rajendra Prasad, learned counsel for the opposite party no. 2, learned AGA for the State and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings as well as Charge-sheet in Special Case No. 750 of 2016 (State vs. Arvind Pal) in Case Crime No. 38 of 2016, under Section 363, 366 I.P.C. and section 3(1)(10) of SC/ST Act, Police Station Arach, District Jhansi, pending in the court of Special Judge SC/ST Act, Jhansi, on the basis of compromise. 3. It is submitted by learned counsel for the applicant that the parties have amicably settled their disputes outside the Court and the opposite party no.2 does not want to prosecute the applicants. The compromise has taken place on 18.03.2023 and the compromise-deed has been annexed as Annexure-SA-1 to the supplementary affidavit filed in support of the application. 4. Learned counsel appearing for the opposite party no.2 does not dispute the aforesaid facts. 5. In view of above facts, the parties shall file an application along with the compromise-deed before the concerned Court below and appear before the Court concerned for verification of the compromise in the first Versus Counsel for Applicant(s) : Bhole Ram, Ran Jeet Singh Counsel for Opposite Party(s) : G.A., Rajendra Prasad Arvind Kumar @ Arvind Pal And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
week of July, 2025. On receiving the said application the Court below shall take steps for verification of the compromise and prepare a verification report. The concerned Court shall send the verification report to this Court, which may be placed in the file. 6. List on 07.08.2025 along with report of verification of compromise. 7. Until further orders, criminal proceedings initiated against the applicants in the aforementioned case is kept in abeyance."
2. Today, it is informed by learned counsel for the parties that the compromise has been verified and a report has been submitted before this Court. Office report dated 06.08.2025 also attests to the submission of the verification report received from the Special Judge (S.C./S.T. Act), Jhansi. 3.
A perusal of the verification report indicates that on 02.07.2025, the accused Arvind Kumar alias Arvind Pal and from the side of the Informant Smt. Jyoti had appeared before the Court and attested the said compromise. 4. Learned counsel for opposite party No.2 does not have any objection to the application being disposed of in terms of the compromise and he states that continuance of proceedings may not be in the interest of justice. 5. Learned A.G.A. also has no objection to the same. 6. This Court is not unmindful of the judgement of the Hon'ble Apex Court passed in the case of Narinder Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by Hon'ble Apex Court in the aforesaid cases has been explained in detail. 7. Considering the facts and circumstances of the case, as noted A482 No. 15493 of 2017 2
herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 8. Accordingly, the charge sheet dated 23.8.2016 as well as proceedings of Special Case No.750 of 2016 (State vs. Arvind Pal) arising out of Case Crime No.38 of 2016, under Sections 363, 366 IPC and 3(1)(10) S.C./S.T. ACT, P.S. Arach, District- Jhansi pending in the Court of Special Judge S.C./S.T. act, Jhansi, is quashed. 9. The application under Section 482 Cr.P.C. stands allowed.
October 9, 2025 Kushal A482 No. 15493 of 2017 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad