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Neutral Citation No. - 2025:AHC:20722 Court No. - 74 Case :- APPLICATION U/S 482 No. - 850 of 2025 Applicant :- Arvind Prasad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhirendra Singh,Manoj Kumar Chandel Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Vakalatnama filed by Sri Sanjay Singh on behalf of opposite parties no.2, 3, & 4 is taken on record.
2. Heard Sri Manoj Kumar Chandel, learned counsel for the applicant, Sri Motilal learned AGA for the State and Sri Sanjay Singh on behalf of opposite parties no.2, 3, & 4.
3. This is an application under Section 482 of the Code of Criminal Procedure, 1973 filed for quashing of the entire criminal proceedings of Sessions Trial No. 4 of 2012 (State vs. Chandradhan Kurmi) arising out of Case Crime No.72 of 2010, under Sections 323/34, 504, 506, 452, 427 IPC and Section 3(1) (X) of SC/ST Act, Police Station Nagra, District Ballia, now pending in the court of learned Special Judge SC/ST Act/Additional Sessions Judge, Distrit Ballia.
4. Learned counsel for the applicants submits that now the parties have entered into compromise and there is an order dated 28.10.2024 of the court of SC/ST Act/Additional Sessions Judge, Distrit Ballia in Sessions Trial No. 4 of 2012 ) arising out of Case Crime No.72 of 2010, whereby on account of the fact that the provision of the SC/ST Act stood injected thus, the court below by virtue of dated 8.10.2024 showed her inability to accept the compromise.
5. Learned AGA and the counsel appearing for the opposite party no. 2 submit that once the compromise stands verified though the compromise has not been accepted thus, this Court in exercise of extraordinary jurisdiction of the under Section 482 may excess its jurisdiction.
6. Considering the submissions of the rival parties as well as the specific stand taken by them, this Court finds that in the present
facts and circumstances of the case, the matter need not be proceed with accordingly the entire proceedings of criminal proceedings of Sessions Trial No. 4 of 2012 (State vs. Chandradhan Kurmi) arising out of Case Crime No.72 of 2010, under Sections 323/34, 504, 506, 452, 427 IPC and Section 3(1)(X) of SC/ST Act, Police Station Nagra, District Ballia, now pending in the court of learned Special Judge SC/ST Act/Additional Sessions Judge, Distrit Ballia stands quashed and set aside against the applicant.
7. With the above observation, the application under Section 482 Cr.P.C. stands allowed.
Order Date :- 13.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad