Allowed

Amarnath and 3 Others v. State of U.P. and Another

Allahabad HC26 Jul 2022A482/9239/2022

Case brief

AI extract

What is this about?

In an application for quashing of criminal proceedings under Section 482 CrPC arising from an offence under the SC/ST Act and IPC, the court allowed the application and quashed the trial due to a verified compromise between the applicant and the private complainant, holding that no useful purpose would be served by further prosecution.

What did the court decide?

The entire proceedings of S.T. No.42/2006 arising out of Complaint Case No.155 of 2006 were quashed and the application was allowed.

Amarnath and 3 Others Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2022)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 9239 of 2022

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Applicant :- Amarnath And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.K. Shahi Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicants, learned counsel for the opposite party No.2 and the learned A.G.A. for the Staterespondent.

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By way of the instant application, the applicants have sought quashment of the entire proceeding of the S.T. No.42/2006 State vs Rambriksh and others pending before the learned court of Special Judge SC/ST Act, Deoria arising out of Complaint Case No.155 of 2006 Laldei vs. Rambriksh and others under Section 147, 323, 504, 452 IPC and Section 3(1)(X) SC/ST Act, PS- Bhatpar Rani, district Deoria.

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It is contended by the learned counsel for the applicants that in this case, worthy compromise has been reached between the parties and the compromise meant to be verified by the court below has been verified by it on 23.5.2022, copy whereof has been annexed as annexure-SA-1 to the supplementary affidavit. It is thus, argued that the continuance of the criminal proceedings against the applicants is bad in law. Learned counsel for the applicant has placed reliance in the matter reported as (2014) 6 SCC 466 Narinder Singh and others Vs. State of Punjab and another in support of his contention.

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It has been further added that if proceeding of the aforesaid case is allowed to go on then that will not result in conviction and possibility of conviction would become bleak. Therefore, proceedings in the aforesaid case initiated by opposite party no.2 against the applicants is liable to be quashed in terms of the compromise between the parties. Learned counsel for opposite party no.2 and learned A.G.A. have no objection, if this application is allowed and the proceedings are quashed.

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In view of the fact that the applicant and opposite party no. 2 do not want to pursue the case any further as stated by them, the matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter any further.

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Thus, in view of above, entire proceeding of the S.T. No.42/2006 State vs Rambriksh and others pending before the learned court of Special Judge SC/ST Act, Deoria arising out of Complaint Case No.155 of 2006 Laldei vs. Rambriksh and others under Section 147, 323, 504, 452 IPC and Section 3(1) (X) SC/ST Act, PS- Bhatpar Rani, district Deoria, are hereby quashed.

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Accordingly, the present application is allowed.

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Let a copy of this order be sent to the court below for necessary information and follow up action.

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Order Date :- 26.7.2022 Deepika

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Digitally signed by DEEPIKA SINGH Date: 2022.07.28 15:19:52 IST Reason: Location: High Court of Judicature at Allahabad

Amarnath and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Amarnath and 3 Others v. State of U.P. and Another

Case brief

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