Allowed

Ashutosh Singh and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and 3 Others

Allahabad HC18 Jan 2024/134/2024

Case brief

AI extract

What is this about?

Criminal appeal against a chargesheet in an IPC and SC/ST Act case. Parties had settled by verified compromise; relying on Apex Court precedent on inherent powers, the court allowed the appeal and quashed the chargesheet and entire proceedings.

What did the court decide?

Appeal allowed; charge-sheet dated 09.01.2020 and entire proceedings quashed.

Ashutosh Singh and Another Vs State of U.P. Thru. Addl… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:5236

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 134 of 2024

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Appellant :- Ashutosh Singh And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko. And 3 Others Counsel for Appellant :- Dr. Ajai Pratap Singh Chauhan Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Mr. Vinay Pandey, Advocate on behalf of the private respondents is taken on record.

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Heard learned counsel for the appellants, learned A.G.A. for the State of U.P., learned counsel for the private respondents and perused the record.

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The present appeal has been filed for quashing the chargesheet dated 09.01.2020 arising out of Case Crime No. 0316/2019 under Sections 323, 504, 506, 427 I.P.C. read with Section 3(1)(da) & 3(1)(dha) SC/ST Act pending before learned Special Judge, SC/ST, Lucknow.

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Learned counsel for the appellants as well as learned counsel for the private respondents jointly submitted that vide order dated 29.05.2023 a direction was given to the trial court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned trial court had verified the contents of compromise. Relying on the decision of Hon'ble Apex Court in the case of Ramawatar vs. State of M.P. reported in (2021) AIR (SC) 5228, learned counsel for the appellants requests for indulgence of this Court.

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Learned counsel for the appellants and learned counsel for the private respondents jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated 25.10.2023.

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Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the trial court.

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Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR

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SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

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In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is purely of personal nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further.

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For the discussions made above, the present appeal is allowed and the charge-sheet dated 09.01.2020 arising out of Case Crime No. 0316/2019 under Sections 323, 504,506, 427 I.P.C. read with Section 3(1)(da) & 3(1)(dha) SC/ST Act pending before Special Judge, SC/ST, Lucknow including entire proceedings thereof are hereby quashed .

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Office is directed to communicate this order to trial court, forthwith.

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Order Date :- 18.1.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Ashutosh Singh and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and 3 Others

Case brief

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Ashutosh Singh and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko. and 3 Others

Case brief

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