Satan Kumar and another vs State of U.P. through Principal Secretary Home, Civil Secretariat and another — Allahabad HC (2025) — LawSathi Research

Satan Kumar and another vs State of U.P. through Principal Secretary Home, Civil Secretariat and another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted at this stage. Interim procedural order: notice ordered to respondent No. 2 (steps within a week) and hearing fixed for 08.07.2025 within top 20 cases alongwith service report; proceedings of Complaint Case No. 74/2017 remain unquashed pending further hearing.

Issue for consideration

Whether the proceedings of Complaint Case No. 74/2017 (under Sections 376, 323, 504, 506 IPC and Section 3(1) Da, Dha, Va, 3(2)V of the SC/ST Act) can be quashed on the basis of a compromise between the parties. +1 more

Ratio / Principle

Notice is to be issued to respondent No. 2, and steps in this regard are to be taken within a week; the Court deferred any adjudication of the merits of quashing the proceedings on the basis of compromise.

Key takeaways

The matter is to be listed on 08.07.2025 within top 20 cases alongwith service report.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 11 — interim order dated 5.6.2025 by Hon'ble Rajnish Kumar, J. in Application U/S 482 No. 434 of 2025, filed under Section 482 Cr.P.C. (now Section 528 B.N.S.S, 2023): Satan Kumar and Another seek quashing, on the basis of compromise, of the proceedings of Complaint Case No. 74/2017 under Sections 376, 323, 504, 506 IPC and Section 3(1) Da, Dha, Va, 3(2)V of the SC/ST Act. Applicants state compliance of the order dated 04.12.2024 passed in Application U/S 482 No. 4651 of 2024 — a compromise has been verified and its certified copy, with a copy of the compromise, placed on record; respondent No. 2 is absent, and although learned counsel for the complainant was granted three days' time on 20.01.2025 to file a vakalatnama in the Registry, it has not been filed till today. On 20.01.2025 the learned AGA had objected that proceedings of the offence under Section 376 IPC cannot be quashed on the basis of mutual settlement of the parties. Counsel for the applicants asserted that there is a catena of decisions in which Section 376 IPC proceedings have been quashed on the basis of compromise, but named no specific precedent. The Court did not adjudicate the merits: it ordered notice to respondent No. 2 (steps within a week) and listed the matter for 08.07.2025 within top 20 cases alongwith service report; the proceedings stand unquashed pending the next hearing.

Court No. - 11

Case :- APPLICATION U/S 482 No. - 434 of 2025

Applicant :- Satan Kumar And Another Opposite Party :- State Of U.P. Through Principal Secretary Home, Civil Secretariat And Another Counsel for Applicant :- Angrej Nath Shukla,Kamal Bahadur Singh Counsel for Opposite Party :- G.A.

Hon'ble Rajnish Kumar,J.

Heard learned counsel for the applicants and learned AGA for the State-respondents.

This petition under Section 482 Cr.P.C. now Section 528 B.N.S.S, 2023 has been filed for quashing of the proceedings of Complaint Case No. 74/2017, under Sections 376, 323, 504, 506 IPC & Section 3(1) Da, Dha, Va, 3(2)V of SC/ST Act, on the basis of compromise.

Learned counsel for the applicants submits that in compliance of the order dated 04.12.2024 passed in APPLICATION U/S 482 No. - 4651 of 2024 (Satan Kumar And Anr. vs. State of U.P. And Anr.), a compromise has been verified and certified copy of the same alongwith a copy of compromise has been placed on record in this application, however, none is present on behalf of respondent No.2. A perusal of order sheet indicates that though an objection was raised by the learned AGA on 20.01.2025 that proceedings of the offence under Section 376 IPC cannot be quashed on the basis of mutual settlement of the parties and it appears that learned counsel for the complainant was present on that day who was granted three days' time to file Valalatnama in the Registry of this Court, however, the Vakalatnama has not been filed till today.

Learned counsel for the applicants submits that there are catena

of decisions in which on the basis of compromise proceedings under Section 376 IPC have been quashed.

In view of above, issue notice to respondent No.2. Steps in this regard be taken within a week.

List on 08.07.2025 within top 20 cases alongwith service report.

Order Date :- 5.6.2025 Vinay/-

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