RAM KUMAR @ GORELAL AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/25299/2024 · 2025-03-03
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80273 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80273 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31444 Court No. - 74 Case :- APPLICATION U/S 482 No. - 25299 of 2024 Applicant :- Ram Kumar @ Gorelal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.,Ramendra Singh Hon'ble Vikas Budhwar,J.
1. Heard Sri Ajay Singh Sengar (AOR No.0064/18), Advocate holding brief of Sri Vijay Singh Sengar, learned counsel for the applicants, Mr. S.P. Singh, learned AGA for the State and Sri Ramendra Singh, learned counsel for opposite party No.2. 2. This Court on 30.08.2024 proceeded to pass the following order:
"1. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and Mr. Rizwan Ahmad, learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 01/2023 dated 22.11.2023 as well as entire proceeding of S.T. No. 110/2023 (State Vs. Gorelal and another), Case Crime No. 118/2023, under section 504, 506 IPC and 3(1)(Da)(Dha) SC/ST Act, Police Station Nadigaon, District Jalaun on the basis of compromise. 3. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties. The copy of the said compromise/mutual deed, filed before the court below, is annexed as Annexure No. 3 to this application. Therefore, continuance of proceedings against the applicants would be a futile exercise and wastage of time of the Court and will be abuse of process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303. 4. Learned AGA as well as learned counsel for the opposite party also does not dispute the correctness of the submissions made by the learned counsel for the applicants. 5. Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it. 6. In view of the above, both the parties are directed to appear before the court below along with copy of compromise deed as well as a certified copy of this order within a period of two weeks from today.
It is expected that the
trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, after hearing the informant, as expeditiously as possible, preferably within a period of one month from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? The facts regarding the amount towards compensation as received and stated to be returned, shall also be verified through the concerned District Magistrate. 7. A report be called from the concerned District Magistrate whether any compensation was paid to the opposite party no. 2 and the said amount has been returned back to the authority concerned or not. 8. Upon due verification of compromise as well as compensation amount, the court below may pass appropriate order in that regard and send a report to this Court. 9. Put up this case on 1st October, 2024 as fresh. 10. Till then, no coercive measure shall be taken against the applicants in the aforesaid case. "
3. Thereafter on 17.10.2024, following order were passed:
"1. As per office report dated 30.9.2024, compromise verification report is still awaited. 2. Office is directed to send a reminder to the court concerned to submit compromise verification report, if any. Reminder may also be sent to the learned District Magistrate concerned for submitting the report regarding the return of the compensation amount, in compliance of the order dated 30.8.2024 passed by this Court. 4. List this matter on 29.11.2024. 5. Till the next date of listing, interim order, if any, is extended. "
4.
There is a report of In-charge Chief Judicial Magistrate, Jalaun at Orai dated 25.11.2024 that on 30.09.2024 the compromise has been verified by the court of Special Judge (SC/ST Act), Jalaun at Orai. 5.There happens to be a report of the District Social Welfare officer, Jalaun, mentioning therein that the amount of the compensation was not transferred in the bank account of the victim. 6. A counter affidavit has been filed by the State dated 15.10.2024 in which in paragraph-4 the same averment has been made that the
amount of compensation has not been transferred. 7. In view of the above, learned counsel for the applicants submits that there is no remains to be further adjudicated with. 8. In view of the above, learned AGA for the State as well as
learned counsel appearing for the opposite party no.2 do not dispute the said fact and submits that they have no objection to the same.
9. Considering the submission of the parties and stand taken by them, the application stands disposed of.
10. The proceeding of charge-sheet No. 110 of 2023 (State vs. Gorelal and another) arising out of case crime no. 118 of 2023, under Sections 504, 506 IPC and Section 3(1)(Da)(Dha) of SC/ST Act, P.S. Nadigaon, District Jalaun pending in the court of Special Judge (SC/ST Act), Jalaun at Orai are hereby quashed.
Order Date :- 4.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad