Disposed

Ashok Kumar Patel and 3 Others v. State of U.P. and Another

Allahabad HC8 Jan 2025A482/413/2025

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashing criminal proceedings based on a compromise. Court directed parties to appear before the trial court for compromise verification and monitoring of State compensation status, stayed further proceedings.

What did the court decide?

Directing parties to appear before the court below by 30/31.01.2025 for compromise verification and stay of proceedings until 7.04.2025.

Ashok Kumar Patel and 3 Others vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2025)

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 413 of 2025

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Applicant :- Ashok Kumar Patel And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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Sri Indra Raj, learned Advocate, has filed memo of appearance on behalf of opposite party no.2 which is taken record. Office is directed to print the name of aforesaid counsel as the counsel for opposite party no.2.

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Heard learned counsel for the applicants as well as learned counsel for the opposite party no.2 and learned AGA for the State respondent.

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The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the ST no. 11/2016 (State vs Askok Kumar Patel and others), arising out of Case Crime no. 83/2011 under Sections 323,504,506 IPC and 3(1)(x) SC & ST Act, P.S.- Charwa, District- Kaushambi, pending in ADJ special court SC& ST Act, Kaushambi.

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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. Therefore, instant application may be allowed and criminal proceedings may be quashed.

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Learned counsel for the opposite party No. 2 has nodded 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 submitted that opposite party no. 2 is no more inclined to prosecute the criminal proceeding against the applicant. Therefore, instant application may be allowed and criminal proceedings against the applicants may be quashed.

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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 30/31.01.2025 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 7.04.2025 , along with compromise verification report submitted by the court concerned, if any.

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Until further orders of this Court, further proceeding in the aforesaid criminal case shall remain stayed.

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Order Date :- 8.1.2025/vkg

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

Ashok Kumar Patel and 3 Others v. State of U.P. and Another

Case brief

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Ashok Kumar Patel and 3 Others v. State of U.P. and Another

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