The High Court dismissed the appeal against the summoning of an FIR and charge sheet in a caste trespass case. It adjourned disposal to verify the authenticity of a post-pendency compromise deed and instructed the trial court to verify the settlement.
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Court No. - 11
Case :- CRIMINAL APPEAL No. - 2389 of 2024
Appellant :- Kallu @ Rahish And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Appellant :- Janendra Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Abdul Moin,J.
Heard learned counsel for the appellants, learned AGA appearing on behalf of the respondent no. 1 and Sri Uday Kumar, Advocate who has filed his Vakalatnama today in Court on behalf of the respondent no. 2 which is taken on record.
Instant appeal under Section 14 A (1) of the S.C & S.T.Act, 1989 has been filed against the summoning/cognizance order dated 02.01.2016 a well as charge sheet no. 7/2015 dated 21.02.2015 under Sections 147, 148, 149, 323, 504, 506 I.P.C & 3 (1) 10 of the S.C & S.T Act, 1989.
Learned counsel for the appellants states that during pendency of the aforesaid proceedings, all the parties concerned have arrived at a settlement with regard to the aforesaid dispute as per compromise deed dated 27.07.2024, a copy of which is annexure 1 to the appeal. It is contended that as the parties have compromised consequently, proceedings pending against the appellants be quashed.
On the other hand, Sri Uday Kumar, learned counsel for the respondent no. 2 also states that parties have entered into the compromise pertaining to the aforesaid proceedings.
In order to ascertain the veracity of the compromise, let the parties concerned be appeared before the Court concerned on 13.08.2024.
The learned trial Court shall verify the factum of compromise arrived at between the parties.
In view of the aforesaid, the appeal is disposed of.
It would be open for the parties to approach this Court in case any cause of action arises.
Let a copy of the original compromise deed be returned to the learned counsel for the parties after retaining a photocopy thereof on record as per rules.
Order Date :- 6.8.2024 Pachhere/-
Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether pending proceedings under S.C. & S.T. Act should be quashed due to compromise.
Verification of the veracity of the alleged settlement between parties.
3 provisions across 2 enactments
Kallu @ Rahish And 4 Others
State Of U.P.
Abdul Moin
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
