The Allahabad High Court allowed Criminal Appeal No. 3016 of 2023, holding that the cognizance taken against the appellants was quashed based on a verified compromise deed and the deposit of Rs. 15,000/- in the State Exchequer.
Cognizance against the appellants under Sections 323, 504, 506 IPC and 3(1)(x) of SC/ST Act was quashed.
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Neutral Citation No. - 2023:AHC:181459
Court No. - 84
Case :- CRIMINAL APPEAL No. - 3016 of 2023
Appellant :- Rajesh Goshwami And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Nanhe Lal Tripathi Counsel for Respondent :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Learned counsel for the appellants and learned A.G.A. are present.
Alongwith supplementary affidavit certified copy of the verification order and the certified copy of the covering letter of the court concerned have been filed.
The photocopy of the compromise deed alongwith verification order dated 18.04.2023 have been transmitted to this Court by the trial court, thus, the compromise between the parties has been verified by the trial court.
In compliance of order dated 16.08.2023, learned A.G.A. has placed before the Court the photocopy of receipt of depositing Rs.15,000/- in the State Exchequer by the first informant. Learned A.G.A. has also placed before the Court the original letter of A.D.M., Lalitpur, whereby Rs.15,000/- have been deposited by the first informant in the State Exchequer with regard to the present case. The photocopy of the letter dated 05.09.2023 of Zila Samaj Kalyan Adhikari, Lalitpur is also placed before the Court by the learned A.G.A., whereby with regard to the present case amount of Rs. 15,000/- was awarded as first installment in the month of January, 2015 to the victim Mohan Rajak and this amount has been deposited back by him in the State Exchequer.
Hence, the compromise deed verified by the trial court is accepted. The copy of the compromise deed and the verification order dated 18.04.2023 passed thereon supplied by the trial court shall form part of this order.
The appeal is allowed in terms of compromise between Rajesh Goshwami & Sonu Goshwami as appellants and Mohan Rajak as first informant/ opposite party no.2. Cognizance taken against the appellants vide impugned order dated 02.02.2015 in S.S.T. No.30 of 2016 (relating to Case Crime No.349 of 2014), State Vs. Rajesh Goshwami and others, under Sections 323, 504, 506 I.P.C. and 3(1) (x) of SC/ST Act, Police Station Jakhaura, District Lalitpur is hereby quashed.
Order Date :- 18.9.2023
Radhika
Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad
Rajesh Goshwami and Another
State of U.P. and Another
Sadhna Rani (Thakur)
As recorded by the court registry
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