Allowed

Satpal and 2 Others v. State of Up and Another

Allahabad HC13 Feb 2020A482/3844/2020

Case brief

AI extract

What is this about?

The court quashed criminal proceedings and a non-bailable warrant in a caste-related offence case filed under Chaitanya Charan. The applicant sought quashing based on a compromise agreement where the affected party declared unwillingness to proceed, finding no justification to keep the case pending.

What did the court decide?

The proceedings of Complaint No.09 of 2019 and the non-bailable warrant dated 18.12.2019 were quashed.

Satpal and 2 Others Vs State of Up and Another — Caste Atrocities | Allahabad HC (2020)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 3844 of 2020

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Applicant :- Satpal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.,Anand Kumar Pandey

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Hon'ble Harsh Kumar,J.

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Counter affidavit filed by learned counsel for opposite party no.2, is taken on record.

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Heard Sri Pradeep Kumar Tiwari, learned counsel for the applicant, Sri Anand Kumar Pandey, learned counsel for opposite party no.2 and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed for quashing the proceeding in terms of compromise dated 17.12.2019 in Complaint No.09 of 2019 (Ganga Charan Vs. Satpal and others), offence under Sections 323, 504, 506 I.P.C. & Section 3(1)(Da) & 3(1)(Dha) of S.C./S.T. Act, P.S. Mandi Dhanura, District Amroha pending before Special Judge, S.C./S.T. Act, Amroha.

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Learned counsel for parties submits that after passing of impugned summoning order on complaint filed by opposite party no.2, parties have come to terms and moved an application of compromise before Special Judge, S.C./S.T. Act on 17.12.2019 supported with affidavit of opposite party no.2 to the effect that he does not want to proceed with his complaint but the same was not taken by Special Judge on its record and since he refused to take it on record, the second application U/s 482 Cr.P.C. has been moved by applicants in furtherance of summoning order passed in complaint case.

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As per averments made in complaint, opposite party no.2 is the only person who is alleged to have sustained injuries in the marpeet in the incident in question.

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Learned counsel for applicant has contended that since opposite party no.2 is not willing to proceed with the complaint, the proceedings of complaint case if permitted to kept pending, will cause unnecessary hardship to applicant and being abuse of process of court, are liable to be quashed.

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Learned counsel for opposite party no.2 submits that he has no objection for quashing of proceedings of complaint case.

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Upon hearing counsel for the parties and perusal of record, I

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find that in view of the law laid down by Hon'ble the Apex Court in the case of B.S. Joshi vs. State of Haryana (2003) 4 SCC 675 , since the parties have come to terms by way of settlement agreement, there is no justification to keep the proceedings of case pending and proceedings of Complaint No.09 of 2019 (Ganga Charan Vs. Satpal and others), offence under Sections 323, 504, 506 I.P.C. & Section 3(1)(Da) & 3(1) (Dha) of S.C./S.T. Act pending before Special Judge, S.C./S.T. Act, Amroha and non-bailable warrant dated 18.12.2019, are liable to be quashed.

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The applications under Section 482 Cr.P.C. is allowed and the proceedings of Complaint No.09 of 2019 (Ganga Charan Vs. Satpal and others), offence under Sections 323, 504, 506 I.P.C. & Section 3(1)(Da) & 3(1)(Dha) of S.C./S.T. Act pending before Special Judge, S.C./S.T. Act, Amroha and non-bailable warrant dated 18.12.2019, are quashed, accordingly.

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Order Date :- 13.2.2020 Kpy

Satpal and 2 Others v. State of Up and Another

Case brief

What is this about?

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Satpal and 2 Others v. State of Up and Another

Case brief

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