Ashok Kumar v. State of U.P. and Anr.
Case brief
What is this about?
In a criminal appeal under Section 14-A of the SC/ST (Prevention of Atrocities) Act filed to quash proceedings based on a matrimonial dispute settlement, the Court dismissed the appeal. Instead of immediate quashing, the Court disposed of the matter by directing the trial court to verify the compromise deed before allowing any further steps to quash the proceedings. A stay was imposed for one mont
What did the court decide?
Stay of proceedings for one month pending verification of compromise by trial court.
What the court decided
Neutral Citation No. - 2023:AHC-LKO:38957
Court No. - 28
Case :- CRIMINAL APPEAL No. - 78 of 2021
Appellant :- Ashok Kumar Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Ashok Shukla Counsel for Respondent :- G.A.,Kripashankar Yadav,Manendra Nath Rai,Ram Saran Awasthi
Hon'ble Shree Prakash Singh,J.
AfÏdavit filed on behalf of opposite party no. 2 annexing therewith the copy of the compromise deed dated 27-05-2023 is taken on record.
Heard learned counsel for the appellant, Sri Ram Saran Awasthi, learned counsel for the opposite party no. 2, Sri Nirmal Kumar Pandey,learned A.G.A. for the State and perused the material placed on record.
The instant criminal appeal under section 14-A of the SC/ST Act has been filed against the summoning order dated 24-08-2020 passed in Case(SC/ST Act) No.893 of 2020(State Vs Ashok Kumar Tiwari) under sections 323/420/504/506/376 of I.P.C. and Section 3(2)(V) of SC/ST Act by the learned Special Judge(SC/ST Act) District-Lucknow.
Learned counsel appearing for the appellant submits that the instant matter pertains to a matrimonial dispute and thereafter, due to anonymity, the instant first information report has been lodged under sections 323/420/504/506/376 of I.P.C. and Section 3(2)(V) of the SC/ST Act against the husband. Thereafter, the parties sat together and they have settled their dispute amicably and the compromise deed has been reduced in writing on 27-05-2023.
Issues for consideration
2 issues framed by the court
Whether the parties have actually compromised the matter in a matrimonial dispute involving SC/ST Act charges.
The procedure for verifying a compromise deed before quashing criminal proceedings based on SC/ST Act charges.
Parties & counsel
- appellant
Ashok Kumar
- respondent
State Of U.P.
Coram
Shree Prakash Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- /78/2021
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