Allowed

Bhagavat Sharan @ Dau Rathore v. State of Up and Another

Allahabad HC12 Feb 2025A482/8180/2024

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 CrPC seeking quashing of criminal proceedings based on a compromise between parties. The court validated the settlement despite non-compoundable sections involved, granting relief upon pending compensation payment.

What did the court decide?

The entire pending criminal proceeding (S.T. No.104/2023) was quashed; compensation to be paid to the victim.

Bhagavat Sharan @ Dau Rathore Vs State of Up and Another — Caste Atrocities | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:21032

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 8180 of 2024

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Applicant :- Bhagavat Sharan @ Dau Rathore Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- Babu Lal Ram,G.A.

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Hon'ble Vikas Budhwar,J.

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Heard learned counsel for the parties.

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This Court while entertaining the application, proceeded to pass the following orders on 15.03.2024:

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"1. Learned counsel for the applicant and learned counsel for the opp. party no. 2 are present.

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Learned counsel for the opp. party no. 2 filed his vakalatnama, let it be kept on record.

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It is submitted that the parties have arrived at a compromise. The compromise deed is appended at page 37 of the paper book. As the dispute is personal, the compromise between the parties would not affect the society adversely and some of the sections involved are non compoundable, hence the parties along with injured Abhisekh through his mother are directed to appear before the trial court within a period of 15 days from today along with the compromise deed. If the parties appear along with injured Abhisekh through his mother before the trial court within the stipulated period mentioned above, the trial court shall verify the compromise deed, pass an appropriate order thereon and transmit the certified copy of the compromise deed along with the certified copy of the order passed thereon to this court within 15 days thereafter.

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Meanwhile, a report be summoned from the District Magistrate concerned through the Registrar General, Allahabad High Court, Allahabad to make it clear as to what amount of compensation has been received by the victim or first informant from the State with regard to the present case.

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The victim is directed to deposit back the compensation with the State Exchequer, if she / he has received in this regard from the State Government and file its receipt by the next date fixed.

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List on 19.4.2024 in the additional cause list.

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Till then, no coercive action shall be taken against the applicant. "

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There is a report dated 18.04.2024 that a compromise has been entered into between the parties on 02.03.2024, as the document to that extent is available on record by the Special Judge SC/ST Act, Jalaun.

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Learned AGA submits that there is nothing more to proceed with.

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The application stands allowed .

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In view of the above, entire proceedings of proceeding of S.T. No.104/2023 "State vs. Bhagavat Sharan @ Dau Rathor" arising out of case crime No. 357/2023 under Sections 457, 323, 504, 506 IPC and SEction 3 (1) (r)(s) SC/ST Act, Police Station Jalaun, District Jalaun pending before the Learned Special Judge (SC/ST) Act, Jalaun at Orai are hereby quashed .

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Compensation, if any, be paid.

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Order Date :- 13.2.2025 K.K.Tiwari

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Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad

Bhagavat Sharan @ Dau Rathore v. State of Up and Another

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Bhagavat Sharan @ Dau Rathore v. State of Up and Another

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