Shivnarayan Dubey @ Dabbu And ... vs State Of U.P. And Another
2022 Latest Caselaw 18982 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 3870 of 2022
 

 
Applicant :- Shivnarayan Dubey @ Dabbu And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ajay Sengar
 
Counsel for Opposite Party :- G.A.,Ram Govind
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri Ajay Sengar, learned counsel for applicants, Sri Bramhanand Upadhyay, learned AGA for State and Sri Prabhanjan Mishra, Advocate holding brief of Sri Ram Govind, learned counsel for Opposite Party No. 2.

2. This application under Section 482 Cr.P.C. has been filed for quashing of proceedings of Session Trial No. 0089 of 2009 (State of U.P. vs. Shivnarayan Dubey alias Dabbu and another), arising out of Case Crime No. 1760 of 2008, under Sections 452, 323, 504, 506 IPC and 3(1)(x) SC/ST Act, Police Station Kotwali Orai, District Jalaun.

3. The parties to dispute have amicably settled their dispute and filed a compromise agreement which has been verified by Court concerned and report thereof is before this Court.

4. In order to ascertain, whether the requirement to quash proceedings on basis of compromise even in the offence under Special Act, namely, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, in the light of judgment passed by Supreme Court in Ramawatar vs. State of Madhya Pradesh, 2021 SCC OnLine SC 966 are fulfilled, I have carefully perused the facts of present case.

5. Parties are residents of same village and the dispute arose for irrigation water. Therefore, as held in Ramawatar (supra) and keeping in view that alleged incident occurred way back in the year 2008; there is no further complaint of any untoward incident between parties; there is no ground to doubt that parties have entered into compromise on their own will as well as that it is for the advancement of peace and harmony, the proceedings in Session Trial No. 0089 of 2009 (State of U.P. vs. Shivnarayan Dubey alias Dabbu and another), arising out of Case Crime No. 1760 of 2008, under Sections 452, 323, 504, 506 IPC and 3(1)(x) SC/ST Act, Police Station Kotwali Orai, District Jalaun, are hereby quashed. The application is accordingly allowed.

6. Both parties are directed to deposit Rs. 1000/- each before High Court Legal Services Authority.

Order Date :- 28.11.2022/AK

(Sl. No. 2 out of 310 fresh cases)