Allowed

Shiv Kumar and 3 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC13 Sept 2024CRLA/2875/2024

Case brief

AI extract

What is this about?

In Criminal Appeal No. 2875 of 2024, the Allahabad High Court (Lucknow Bench) allowed the appeal and quashed the entire criminal proceedings under the SC/ST Act. The court relied on a verified compromise deed executed on 13.07.2024 between the parties, which had been confirmed by the lower court order dated 22.08.2024, finding no further dispute subsisted.

What did the court decide?

The instant criminal appeal under Section 14-A(1) of the SC/ST Act, 1989 is allowed and the entire criminal proceedings of Complaint Case No. 9 of 2021 are quashed.

Shiv Kumar and 3 Others vs State of U.P. Thru. Prin… — Caste Atrocities | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:65232

¶2

Court No. - 11 Case :- CRIMINAL APPEAL No. - 2875 of 2024 Appellant :- Shiv Kumar And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Appellant :- Arun Kumar Mishra Counsel for Respondent :- G.A.

¶3

Hon'ble Abdul Moin,J.

¶4

Heard Sri Arun Kumar Mishra, learned counsel for the appellants, learned AGA for respondent no.1 and Sri Santosh Kumar Tripathi, learned counsel, who files Vakalatnama on behalf of respondent no.2.

¶5

With the consent of learned counsels for the parties, the matter is being finally decided.

¶6

Instant criminal appeal under Section 14-A(1) of the SC/ST Act, 1989 has been filed praying for quashing the impugned summoning order dated 03.05.2023 passed in Complaint Case No. 9 of 2021 alongwith with praying for quashing of entire criminal proceedings of Complaint Case No. 9 of 2021 in re: Champa vs Shiv Kumar and others under Sections 323/34, 504 IPC and Sections 3(1)(Da) and 3(1)(Dha) SC/ST Act, Police Station Gilaula, District Shravasti.

¶7

The contention of learned counsels for the contesting parties is that the parties had entered into a compromise vide compromise deed dated 13.07.2024, a copy of which is annexure 7 to the appeal. It is contended that learned court vide order dated 22.08.2024, a copy of which is annexure 8 to the application, has verified the said compromise. It is further contended that in terms of the said compromise the entire proceedings of the aforesaid complaint case may be quashed.

¶8

Considering the compromise deed dated 13.07.2024, which has been duly verified by the learned court vide order dated 22.08.2024, and that the learned counsels for the contesting parties state that no further dispute subsists between the parties, present criminal appeal filed under Section 14-A(1) of the SC/ST Act, 1989 is allowed and the entire proceedings of the aforesaid complaint case are quashed.

¶9

Order Date :- 19.9.2024 J. K. Dinkar

¶10

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Shiv Kumar and 3 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

What is this about?

What did the court decide?

Shiv Kumar and 3 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sakib Ali Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others

Juvenile X, Thru. His Father Y Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Manager Head Branch Poonawala Fincorp Ltd. Thru. Sandeep Kumar Tripathi and Another Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Priyanka vs State of U.P. Thru. Prin. Secy. Finance Deptt. Lko and 3 Others

Basant Kumar @ Basant Kumar Verma vs U.P. Sahkari Gram Vikas Bank Ltd. Thru. Managing Director Lko and 3 Others

Bijendra Kumar Pal vs State of U.P. Thru. Prin. Secy. Deptt. Urban Development Lko and 2 Others