Allowed

Arvind Kumar and 6 Others v. State of U.P. and Another

Allahabad HC29 May 2023CRLA/7276/2022

Case brief

AI extract

What is this about?

This appeal against a summons order in a criminal case involving the S.C./S.T. Act and IPC sections was allowed. The court quashed the summons upon finding that the dispute involved minor sections, had no public stake, and parties had successfully settled the dispute and verified the compromise before the Special Court.

What did the court decide?

The impugned order summoning the appellants was set aside, and all pending proceedings in the Special Court were quashed to the extent they relate to the appellants.

Arvind Kumar and 6 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:119268

¶2

Court No. - 81

¶3

Case :- CRIMINAL APPEAL No. - 7276 of 2022

¶4

Appellant :- Arvind Kumar And 6 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Mridul Kumar,Vipin Kumar Counsel for Respondent :- G.A.,Vipin Kumar

¶5

Hon'ble Mohd. Faiz Alam Khan,J.

¶6

In compliance of the earlier order passed by this Court of date 24.4.2023 a report has been obtained by learned AGA, a copy of which has also been placed on record pertaining to the fact that no compensation has been received by any person in this case.

¶7

Heard Sri Mridul Kumar, learned counsel for the appellants and Shri Vipin Kumar, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

¶8

The present appeal under Section 14-A(1) of the S.C./S.T. Act has been preferred by the appellants- Arvind Kumar, Anup Kumar, Chhote Lal, Ravindra Kumar, Shailendra Kumar, Devendra Singh, Kripal Singh with the prayer to allow the present appeal and set aside the impugned order dated 29.1.2020 passed by Session Trial No. 23 of 2019 (State Vs. Arvind Kumar and others), arising out of Complaint Case No. 53 of 2018 (Brijbhusan Vs. Arvind Kumar and others), under Sections 147, 452, 323, 504, 506 IPC and Section 3(1) (X) of the SC/ST Act, Police Station Rampura, District Jalaun at Orai pending in the court of Special Judge SC/ST Act, District Jalaun at Orai.

¶9

Learned counsel for the appellants as well as learned counsel appearing for opposite party no.2, jointly submits that due to some misunderstanding the criminal prosecution was lodged by opposite party no.2 against the appellants, however, during the pendency of the proceedings before the Special Court the parties have settled the dispute by entering into an amicable settlement and the terms of the same were reduced into writing and under the orders of this Court of date 29.9.2022 the parties have appeared before the Special Court for the purpose of verification of the compromise which they had earlier filed before the Special Court and the Special Court has verified the compromise and has sent a report to this Court.

¶10

It is also submitted that by entering into a compromise the parties have contemplated not to carry on the prosecution and since the dispute was pertaining to minor penal sections and have been settled the pendency of the proceedings before the Special Court may generate another round of litigation and the penal sections involved are such pertaining to which the public and society at large may not have and stake. Thus, having regard to the compromise has been taken place between the parties and the same has been verified by the special court, summoning order be quashed/ set aside.

¶11

Learned AGA on the other hand submits that in this case no compensation was given to the opposite party no2. or any other person and the dispute is of the minor penal sections.

¶12

Having heard learned counsel for the parties and having perused the record, it is evident that the dispute between the parties were pertaining to minor penal sections wherein the society or public at large is not having any stake and the compromise held between the parties has been verified by the Special Court and in this regard a report of date 12.12.2022 prepared by the Special Court, Jalaun at Orai which is available on record and is being made part and parcel of this order.

¶13

Since the dispute between the parties is of personal in nature and the parties have settled the same by filing a compromise before the Special Court and the Special Court has verified the terms of the compromise, therefore, keeping in view the law laid down by the Hon'ble Supreme Court in Ramawatar Vs. State of Madhya Pradesh reported in AIR 2021 Supreme Court 5228, Gian Singh Vs. State of Punjab reported in (2012)10 SCC 303, Shiji and others Vs. Radhika and others Manu/ SC/1341/2011, Manoj Sharma Vs. State of U.P. (2008)16 SCC1, Narinder Singh Vs. State of Punjab reported in (2014)6 SCC 466, Yogendra Yadav Vs. State of Jhakhand reported in (2014) 9 SCC 653 as well as in a recent case decided by Hon'ble the Supreme Court on 4.10.2017 passed in Crl. Appeal No. 1723 of 2017, arising out of SLP (Crl.) No. 9549 of 2016 Parbatbhai Aahir @ Parbatbhai, Bhimsingh Bhai Karmur and others Vs. State of Gujrat reported in (2017)9 SCC 641, MANU/SC/1241/2017, State of Madhya Pradesh vs. Laxmi Narain and others (2019)5 SCC 688, Arun Singh and others vs. State of U.P. (2020)3 SCC 736, Daxaben vs. The State of Gujrat and others SLP Criminal No. 1132-1155 of 2022 decided on 29.07.2022, impugned order dated 29.1.2020 passed by Session Trial No. 23 of 2019 (State Vs. Arvind Kumar and others), arising out of Complaint Case No. 53 of 2018 (Brijbhusan Vs. Arvind Kumar and others), under Sections 147, 452, 323, 504, 506 IPC and Section 3(1) (X) of the SC/ST Act,

¶14

Police Station Rampura, District Jalaun at Orai pending in the court of Special Judge SC/ST Act, District Jalaun at Orai is hereby set aside and the appeal filed by the appellants is allowed and all the proceedings of the above case pending before Special Court, are hereby quashed, so far as it relates to the appellants.

¶15

Order Date :- 29.5.2023 Muk

¶16

Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad

Arvind Kumar and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Arvind Kumar and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ram Bahor Vs State of U.P.

Satish Chandra Dwivedi @ Satish Dwivedi and Another Vs State of U.P. and Another

Mahendra Maurya Vs State of U.P. through Secretary Home Department and another

Param Singh Vs State of U.P. and Another

Mohd. Arif and Another Vs State of U.P. and Another

Gulshan Jethwani Vs State of U.P. and Another