The Allahabad High Court allowed the criminal appeal in a caste-atrocity case upon acceptance of a verified compromise deed between the parties. The conviction and sentence under the SC/ST Act and IPC were set aside.
The impugned order convicting the appellants passed by Special Judge SC/ST Act, Jalaun was set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:172873
Court No. - 84
Case :- CRIMINAL APPEAL No. - 6590 of 2023
Appellant :- Vinay Kumar @ Tinkuoo And Another Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Ajay Sengar Counsel for Respondent :- G.A.,Akshay Raj Singh
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Learned counsel for the appellants and learned counsel for the opp. party nos. 2, 3 and 4 are present.
In compliance of the order dated 26.7.2023, the trial court has transmitted the certified copy of the compromise deed, the verification order dated 11.8.2023 and the certified copy of the order sheet dated 11.8.2023 whereby the compromise between Smt. Shashi Devi, Rohit and Harihar on one side and Tinku @ Vinay Kumar and Dushyant @ Deepu Patel on other side was verified by the trial court. These certified copies are sent by Special Judge SC/ST Act,Jalaun along with original covering letter dated 11.8.2023. Samaj Kalyan Adhikari concerned has also sent a report dated 14.7.2023 whereby a proposal was sent to pay Rs. 25000/- and Rs. 50,000/- to the opp. party no. 2 as compensation in the present case but due to paucity of fund, the amount could not be disbursed to the first informant which makes clear that the opp. party no.2/ first informant has not received any amount as compensation from the State Government with regard to the present case.
The compromise between the parties verified by the trial court is hereby accepted. The certified copy of the compromise deed dated 15.4.2023 and the certified copy of the order passed thereon dated 11.8.2023 shall form the part of t his order.
The appeal is allowed on the basis of the compromise and the impugned order dated 23.3.2023 passed by Special Judge SC/ST Act, Jalaun at Orai in case crime no. 0017 of 2013, under sections 452, 323, 504, 506 I.P.C. and section 3(1)(r)(s) of SC/ST Act, police station Konch District Jalaun is set aside.
Order Date :- 28.8.2023 Gss
Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal appeal should be allowed based on the verified compromise between the parties.
2 provisions across 2 enactments
Vinay Kumar @ Tinkuoo And Another
State Of U.P.
Sadhna Rani Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
