Ramesh Yadav @ Virendra Kumar Yadav and 2 Others vs State of U.P. and 2 Others

The present 528 B.N.S.S. application has been filed to quash the non-bailable orders dated 19.02.2020, 18.07.2023 & 21.03.2025 in Special Session Trial No.343 of 2017 (State Vs. Ramesh Yadav and others) arising out of Case Crime No.267 of 2016, under Sections 387, 323, 504, 506, 427 I.P.C. & Section 3(1)Dha of SC/ST Act, Police Station Tharwai, District Prayagaj, pending in the Court of Special Judge (SC/ST Act), Court No.14, Prayagraj.

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Learned counsel for the applicants submits that the applicants and opposite party nos.2 & 3 have amicably settled the dispute out of Court and move application before trial court to quash the proceeding as parties have entered into compromise. It is next submitted that the applicants filed 528 B.N.S.S.application before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court vide order dated 13.08.2025 has passed following orders:-

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"1. Sri Chandra Bhushan Mishra, learned Advocate has filed memo of appearance and the affidavit separately on behalf of opposite party no.2 (complainant) and opposite party no. 3 (victim), today in court, which is taken on record. Office is directed to proceed accordingly and print his name as counsel for the respondent.

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2. Heard learned counsel for the applicants, learned counsel for opposite party nos.2 and 3 as well as learned A.G.A.

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3. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS to quash the entire proceeding including the non-bailable orders dated 19.02.2020, 18.07.2023 and 21.03. 2025 in Special Session Trial No. 343 of 2017 (State vs. Ramesh Yadav and others), arising out of Case Crime No. 267 of 2016 under Sections 387, 323, 504, 506, 427 IPC and 3(1)? of SC/ST Act, Police StationTharwai, District- Prayagraj, pending before the Special Judge SC/ST Act, Court No.

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NA528 No. 29641 of 2025

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2

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14, Prayagraj.

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4. It is submitted that during pendency of the criminal proceedings, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed.

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5. Learned counsel for the opposite party No. 2 has nodded the factum of the compromise entered into between the parties and he has no objection, in case the matter is referred before the court below for verification of compromise. It is further submitted that opposite party no. 2 is no more inclined to prosecute the criminal proceeding against the applicants. Therefore, instant application may be allowed and criminal proceedings against the applicants may be quashed.

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6. Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise.

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7. In this conspectus, as above, both the parties are hereby directed to appear before the court below within three weeks from today to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed.

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8. It is made clear that at the time of verification of compromise application, learned court concerned shall also verify the fact as to whether complainant/victim has received any compensation amount from the State under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 or not. If so received, same shall be made good and deposited/returned in Government exchequer. The court concerned shall call for a report from the concerned District Social Welfare Officer as to whether received compensation amount has been deposited/returned by the victim or not.

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9. List this matter on 10.11.2025, along with compromise verification report submitted by the court concerned, if any.

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10. Until further orders of this Court, further proceedings against the present applicants in the aforementioned case shall remain stayed.

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11. Office is directed to return the original copy of the compromise (Annexure no.5) to the learned counsel for the applicant, after retaining its photostat copy at a relevant place, for the purposes of producing the same before the court below to get it verified."

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Pursuant to the said order dated 13.08.2025, parties appeared before the court below on 30.08.2025 for verification of compromise, applicants and opposite party nos. 2 &

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NA528 No. 29641 of 2025

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3

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3 were identified and verified through their counsels. Verification report has been forwarded to this Court by letter dated 27.09.2025. In pursuance of this Court's order dated 13.08.2025, a report from the District Social Welfare Officer, Prayagraj in regard to deposition of the amount received under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, is also available on record. District Social Welfare Officer, Prayagraj has submitted that the victim has deposited Rs.22,500/- through Treasury Challan No.I 134333 dated 01.09.2025. A copy of the same is also annexed with the application.

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Learned counsel for the applicants has submitted that the applicants and opposite party nos.2 to 4 have settled their private and civil dispute through compromise and as such opposite party nos.2 to 4 do not wish to press the aforesaid case against the applicants. Opposite party nos.2 to 4 are ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

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In view of the facts and circumstances of the case, the applicants and opposite party nos.2 & 3 and injured do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

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Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642 , the proceeding of Special Session Trial No.343 of 2017 (State Vs. Ramesh Yadav and others) arising out of Case Crime No.267 of 2016, under Sections 387, 323, 504, 506, 427 I.P.C. & Section 3(1)Dha of SC/ST Act, Police Station Tharwai, District Prayagaj, pending in the Court of Special Judge (SC/ST Act), Court No.14, Prayagraj, is hereby quashed.

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The application under Section 528 B.N.S.S. is accordingly allowed .

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November 10, 2025 SKD

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(Deepak Verma,J.)

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

Ramesh Yadav @ Virendra Kumar Yadav and 2 Others v. State of U.P. and 2 Others

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Ramesh Yadav @ Virendra Kumar Yadav and 2 Others v. State of U.P. and 2 Others

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