Pawan and 3 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:91866

Court No. - 80

Case :- CRIMINAL APPEAL No. - 12486 of 2024

Appellant :- Pawan And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Raghubir Singh Counsel for Respondent :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Vakalatnama filed in the matter by S/Sri Rakesh Kumar Singh and Ajeet Kumar Yadav, advocates on behalf of respondent no.2 is taken on record.

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Supplementary affidavit filed today on behalf of the appellants annexing the verification report of the court concerned in regard to compromise arrived at between the parties, is taken on record.

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Heard Sri Raghubir Singh, learned counsel for the appellants, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

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The parties before this Court had made a request that they have entered into a compromise in this matter and have settled all the disputes between them and now they do not want to proceed with this matter.

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A perusal of record shows that by way of present criminal appeal, legality and validity of the charge sheet dated 28.05.2024 and cognizance/summoning order dated 31.08.2024 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as SC/ST Act), Court No.2, Agra as well as entire proceedings of Special Sessions Trial No.1670 of 2024 (State Vs. Pawan and another) arising out of Case Crime No.74 of 2024, under Sections 323, 342, 504, 506, 427 I.P.C. and Sections 3(1)da and 3(2)va of SC/ST Act, Police Station Achhanera, Police Commissionerate Agra, District Agra, have been assailed whereby the present appellants were summoned by the Special Judge SC/ST Act, Court No.2, Agra to face trial under Sections 323, 342, 504, 506, 427 I.P.C. and Sections 3(1)da and 3(2)va of SC/ST Act.

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Learned counsel for the appellants has submitted before this Court that the compromise entered into the parties has been made without any coercion or undue influence upon the informant of this case and is a result of her free will and consent.

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This Court passed an order on 22.04.2025 directing the trial court to apprise this Court whether the victim/informant of this case has received any amount of compensation from the Government or not and also directed to get the factum of compromise between the parties verified.

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The compromise petition dated 7.9.2024 has been verified by the learned court concerned and a report dated 16.05.2025 sent by the court concerned is annexed with the supplementary affidavit, which is on record. Further, the court concerned has also sent the said report after verifying the fact that the victim has returned the Government aid given to her in this matter.

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It appears from perusal of the record that the present case is having a nature of purely private dispute and prima facie it also appears that the alleged offence has not been committed on account of the caste of the victim and except SC/ST Act minor offences have been levelled against the accused. Further, the compromise between the parties is the result of free will and consent of the complainant without any undue influence.

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Whether a compromise can be verified and accepted in a case relating to an offence under SC/ST Act has been answered in Ramawatar Vs. State of M.P. (2022) 13 SCC 635 . Paragraph no. 17 of the said judgment is quoted herein below:-

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"17. On the other hand, where it appears to the Court that the offence in question, although covered under the SC/ST Act, is primarily private or civil in nature, or where the alleged offence has not been committed on account of the caste of the victim, or where the continuation of the legal proceedings would be an abuse of the process of law, the Court can exercise its powers to quash the proceedings. On similar lines, when considering a prayer for quashing on the basis of a compromise/settlement, if the Court is satisfied that the underlying objective of the Act would not be contravened or diminished even if the felony in question goes unpunished, the mere fact that the offence is covered under a "special statute" would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 Cr.P.C."

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It is further held in paragraph no. 19 of the said judgment which is quoted herein under:-

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"19. We may hasten to add that in cases such as the present, the Courts ought to be even more vigilant to ensure that the complainant-victim has entered into the compromise on the volition of his/her free will and not on account of any duress. It cannot be understated that since members of the Scheduled Caste and Scheduled Tribe belong to the weaker sections of our country, they are more prone to acts of coercion, and therefore ought to be accorded a higher level of protection. If the Courts find even a hint of compulsion or force, no relief can be given to the accused party. What factors the Courts should consider, would depend on the facts and circumstances of each case"

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A perusal of the full Bench judgment in Ghulam Rasool Khan And Others vs State Of U.P And Another 2022 (8) ADJ 691 reveals that a matter under the SC/ST Act may be compounded in a criminal appeal under section 14-A of SC/ST Act and there is no need to take recourse of U/s. 482 Cr.P.C. for the same.

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In view of that this Court finds that since the parties have entered into compromise which has already been verified by the trial court and the compensation amount received by the informant from the Government has already been deposited in the Treasury, now nothing rests in this matter to continue.

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Hence, the charge sheet dated 28.05.2024 and cognizance/summoning order dated 31.08.2024 passed by the Special Judge, SC/ST Act, Court No.2, Agra as well as entire proceedings of Special Sessions Trial No.1670 of 2024 (State Vs. Pawan and another) arising out of Case Crime No.74 of 2024, under Sections 323, 342, 504, 506, 427 I.P.C. and Sections 3(1)da and 3(2)va of SC/ST Act, Police Station Achhanera, Police Commissionerate Agra, District Agra are quashed and the present criminal appeal stands disposed of in terms of compromise entered into between the parties.

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Order Date :- 27.5.2025

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ss

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Pawan and 3 Others v. State of U.P. and Another

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