Allowed

Warish Ali v. State of U.P. and Another

Allahabad HC18 Jul 2024CRLA/4027/2024

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal praying for the quashing of proceedings under the SC/ST Act and IPC. The Court quashed the proceedings based on the undisputed fact that the parties had amicably settled the dispute through a compromise verified by the Special Judge, deeming the continuation of proceedings to be an exercise in futility.

What did the court decide?

The entire criminal proceedings of Special S.T. No.324 of 2021, including the cognizance and summoning order dated 12.07.2021, are hereby quashed.

Warish Ali vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:140370

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 4027 of 2024

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Appellant :- Warish Ali Respondent :- State of U.P. and Another Counsel for Appellant :- Faizan Ahmad Counsel for Respondent :- G.A.,Mohd. Kalim

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Hon'ble Saurabh Srivastava,J.

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Heard Mr. Faizan Ahmad, learned counsel for appellant and Mr. Mohd. Kalim, learned counsel for respondent no.2 who preferred short counter affidavit today which is taken on record, as well as learned AGA.

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The present appeal has been filed to quash the entire criminal proceedings of Special S.T. No.324 of 2021 (State Vs. Warish Ali), arising out of Case Crime No.0420 of 2020, under Section 342, 323, 504, 506 IPC and Section 3(1)Da, 3(1)Dha of SC/ST Act, Police Station Naini, District Prayagraj along with cognizance and summoning order dated 12.07.2021, pending in the court of Special Judge (SC/ST Act), Allahabad on the basis of compromise.

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At the very outset, learned counsel for appellant submitted that compromise has already been preferred and the same has also been verified by learned Special Judge (SC/ST Act), Prayagraj on dated 28.08.2024 which has been appended with the short counter affidavit, this fact has also been ascertained and seconded by learned counsel for opposite party no.2.

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The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and has been jointly submitted that there would be no harm and error and would be in the interest of justice that the proceedings may be quashed in light of the compromise.

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A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303 , has observed in para 58 of the said judgment that where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility

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and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor.

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In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has also observed that where matters are also of civil nature i.e. matrimonial, family disputes, etc. the Court may consider "special facts", "special feature" and quash the criminal proceeding to encourage genuine settlement of disputes between the parties.

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Keeping in mind the position of law and facts, circumstances of the case, the entire proceedings of Special S.T. No.324 of 2021 (State Vs. Warish Ali), arising out of Case Crime No.0420 of 2020, under Section 342, 323, 504, 506 IPC and Section 3(1)Da, 3(1)Dha of SC/ST Act, Police Station Naini, District Prayagraj along with cognizance and summoning order dated 12.07.2021, are hereby quashed.

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Accordingly, the present appeal stands allowed .

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This order is being passed by this Court after hearing the contesting parties. If at all, respondent no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application.

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The parties may file the copy of this order before the court concerned within two weeks from today.

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Order Date :- 29.8.2024 Vivek Kr.

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

Warish Ali v. State of U.P. and Another

Case brief

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Warish Ali v. State of U.P. and Another

Case brief

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