Allowed

Rajendra Kumar Pandey and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC11 Nov 2025A482/9451/2025

Case brief

AI extract

What is this about?

Application to quash criminal proceedings under IPC sections 323, 504 and SC/ST Act section 3(1)(X), arising from a 2003 case, after a verified compromise between the parties. Relying on Supreme Court precedent on quashing upon settlement, the Court allowed the application and quashed the proceedings.

What did the court decide?

Entire criminal proceedings of Special Case No. 1192 of 2025, charge sheet dated 19.9.2003 and cognizance order dated 17.10.2003 quashed.

Rajendra Kumar Pandey and Another Vs State of U.P. Thru… — Caste Atrocities | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 9451 of 2025

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Rajendra Kumar Pandey And Another

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Varsha Singh, Sudhir Kumar Rai Counsel for Opposite Party(s) : G.A.

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Court No. - 34

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HON'BLE TEJ PRATAP TIWARI, J.

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Vakalatnama filed today by Shri Devesh Bahadur Singh, learned counsel on behalf of opposite party no. 2 is taken on record.

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Heard learned counsel for the parties and perused the record. The present application under Section 528 BNSS has been filed to quash the entire criminal proceedings of Special Case No. 1192 of 2025 (State Vs. Rajendra Kumar Pandey and others), arising out of Case Crime No. 322 of 2003, under Sections 323, 504 of I.P.C. and under Sections 3 (1) ( X ) of the SC/ ST Act, Police Station Barasagwar, District Unnao including charge sheet dated 19.9.2003 as well as cognizance order dated 17.10.2003 passed by the learned Additional Chief Judicial Magistarte - I, Unnao. Further prayer has been made to stay the proceedings of the aforesaid case pending before the learned court of Special Judge SC/ST Act, Unnao, during the pendency of the present petition.

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Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court on 08.09.2025 in application under section 482 CrPC directing the applicants to file the said compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned on 29.09.2025 verified the said compromise. Copy of the same is on record. The same is not disputed by learned counsel for the opposite party no.2.

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The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6)

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A482 No. 9451 of 2025

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Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another:

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(2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

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From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings, charge sheet as well as cognizance order as prayed for by the applicants.

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The present application is allowed .

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The entire proceedings, charge sheet as well as cognizance order of the aforesaid case are hereby quashed.

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(Tej Pratap Tiwari,J.)

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November 11, 2025

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mks

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Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Rajendra Kumar Pandey and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Rajendra Kumar Pandey and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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