Disposed

Basant Lal and Another v. State of Up and Another

Allahabad HC10 Dec 2024A482/38090/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of a Special Session Trial arising from offences under IPC and the SC/ST Act on the basis of an out-of-court compromise. The court directed both parties to appear before the trial court for verification of the compromise and stayed further proceedings until the next listing date.

What did the court decide?

Parties directed to court below for compromise verification; proceedings stayed till next date.

Basant Lal and Another vs State of Up and Another — Caste Atrocities | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 38090 of 2024

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Applicant :- Basant Lal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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Sri Ram Singh Yadav, learned Advocate has filed memo of appearance on behalf of opposite party no.2, apart from that learned A.G.A. has filed copy of compliance affidavit today in court, which are taken on record. Office is directed to proceed accordingly and print the name of Sri Ram Singh Yadav, as counsel for opposite party no.2.

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Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State-respondent.

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The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the entire proceeding in Special Session Trial No.94 of 2002 (State Vs. Fakkad and others), arising out of Case Crime No.179 of 2000, under Sections 147, 323/149, 504, 506, 354/149, 427 IPC and 3(1)(x) & 3(1)(xi) SC/ST Act, Police Station- Mungra Badshahpur, District- Jaunpur, pending in the court of Special Judge SC/ST (Prevention of Atrocities) Act, Jaunpur.

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It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. However, the learned trial court has rejected the compromise application vide order dated 29.8.2024 (Annexure no.1), filed on behalf of the parties having not been found compoundable under Section 320 Cr.P.C. It is further submitted that both the parties are still wants to decide the criminal proceedings on the basis of the compromise.

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Learned counsel for the opposite party No. 2 has nodded the submissions advanced by learned counsel for the applicants and admitted the factum of the compromise entered into between the parties and he has no objection, in case matter is referred before the court below for verification of compromise. It is further contended that in changed circumstances opposite party no. 2 is no longer inclined to prosecute the present applicants.

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Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise.

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In this conspectus, as above, both the parties are hereby directed to appear before the court below on 19/20.12.2024 to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed.

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It is made clear that at the time of verification of compromise application, learned court concerned shall also verify the fact as to whether complainant/victim has received any compensation amount from the State under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 or not. If so received, the same shall be made good and deposited/returned in Government exchequer. The court concerned shall call for a report from the concerned District Social Welfare Officer as to whether received compensation amount has been deposited/returned by the victim or not.

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List this matter on 24.3.2025 , along with compromise verification report submitted by the court concerned, if any.

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Till the next date of listing, further proceedings in aforesaid criminal case shall remain stayed against the present applicants.

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Order Date :- 10.12.2024/vkg

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Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad

Basant Lal and Another v. State of Up and Another

Case brief

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Basant Lal and Another v. State of Up and Another

Case brief

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