Arvind Prasad vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Arvind Prasad vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing and setting aside of the entire criminal proceedings of Sessions Trial No. 4 of 2012 (State vs. Chandradhan Kurmi) arising out of Case Crime No.72 of 2010, under Sections 323/34, 504, 506, 452, 427 IPC and Section 3(1)(X) of SC/ST Act, Police Station Nagra, District Ballia, pending before the Special Judge SC/ST Act/Additional Sessions Judge, District Ballia, against the applicant Arvind Prasad.

Issue for consideration

Whether the entire criminal proceedings of Sessions Trial No. 4 of 2012 (State vs. Chandradhan Kurmi) arising out of Case Crime No.72 of 2010, pending before the Special Judge SC/ST Act/Additional Sessions Judge, District Ballia, should be quashed. +1 more

Court's answer

Considering the submissions of the rival parties and the specific stands taken by them, the Court found that in the present facts and circumstances the matter need not proceed further, and accordingly quashed and set aside the entire criminal proceedings of Sessions Trial No. 4 of 2012 (State vs. Chandradhan Kurmi) arising out of Case Crime No.72 of 2010, pending before the Special Judge SC/ST Act/Additional Sessions Judge, District Ballia, against the applicant.

Ratio / Principle

The application under Section 482 Cr.P.C. stands allowed.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vikas Budhwar, J.; Neutral Citation 2025:AHC:20722; Order Date 13.2.2025) allowed Application U/S 482 No. 850 of 2025 filed by Arvind Prasad under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the entire criminal proceedings of Sessions Trial No. 4 of 2012 (State vs. Chandradhan Kurmi), arising out of Case Crime No.72 of 2010, under Sections 323/34, 504, 506, 452, 427 IPC and Section 3(1)(X) of SC/ST Act, Police Station Nagra, District Ballia, pending before the learned Special Judge SC/ST Act/Additional Sessions Judge, District Ballia. The parties had entered into a compromise, which the court below had shown inability to accept on account of the provisions of the SC/ST Act standing injected (order dated 28.10.2024 referred to; 8.10.2024 also mentioned). Considering the submissions of the rival parties and the specific stands taken, the Court held that the matter need not proceed and quashed and set aside the entire proceedings against the applicant.

Neutral Citation No. - 2025:AHC:20722

Court No. - 74

Case :- APPLICATION U/S 482 No. - 850 of 2025

Applicant :- Arvind Prasad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhirendra Singh,Manoj Kumar Chandel Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Vakalatnama filed by Sri Sanjay Singh on behalf of opposite parties no.2, 3, & 4 is taken on record.

Heard Sri Manoj Kumar Chandel, learned counsel for the applicant, Sri Motilal learned AGA for the State and Sri Sanjay Singh on behalf of opposite parties no.2, 3, & 4.

This is an application under Section 482 of the Code of Criminal Procedure, 1973 filed for quashing of the entire criminal proceedings of Sessions Trial No. 4 of 2012 (State vs. Chandradhan Kurmi) arising out of Case Crime No.72 of 2010, under Sections 323/34, 504, 506, 452, 427 IPC and Section 3(1) (X) of SC/ST Act, Police Station Nagra, District Ballia, now pending in the court of learned Special Judge SC/ST Act/Additional Sessions Judge, Distrit Ballia.

Learned counsel for the applicants submits that now the parties have entered into compromise and there is an order dated 28.10.2024 of the court of SC/ST Act/Additional Sessions Judge, Distrit Ballia in Sessions Trial No. 4 of 2012 ) arising out of Case Crime No.72 of 2010, whereby on account of the fact that the provision of the SC/ST Act stood injected thus, the court below by virtue of dated 8.10.2024 showed her inability to accept the compromise.

Learned AGA and the counsel appearing for the opposite party no. 2 submit that once the compromise stands verified though the compromise has not been accepted thus, this Court in exercise of extraordinary jurisdiction of the under Section 482 may excess its jurisdiction.

Considering the submissions of the rival parties as well as the specific stand taken by them, this Court finds that in the present facts and circumstances of the case, the matter need not be proceed with accordingly the entire proceedings of criminal proceedings of Sessions Trial No. 4 of 2012 (State vs. Chandradhan Kurmi) arising out of Case Crime No.72 of 2010, under Sections 323/34, 504, 506, 452, 427 IPC and Section 3(1)(X) of SC/ST Act, Police Station Nagra, District Ballia, now pending in the court of learned Special Judge SC/ST Act/Additional Sessions Judge, Distrit Ballia stands quashed and set aside against the applicant.

With the above observation, the application under Section 482 Cr.P.C. stands allowed .

Order Date :- 13.2.2025 piyush

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