Allahabad High Court
Ramratan And Others vs State Of U.P. Thru. Prin. Secy. Home ... on 22 December, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:85706
Court No. - 11
Case :- APPLICATION U/S 482 No. - 12726 of 2023
Applicant :- Ramratan And Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others
Counsel for Applicant :- Rajeshwar
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Sri Anil Kumar, learned Advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party nos. 2 to 6 and filed his vakalatnama, which is taken on record.
Heard.
The present petition has been filed for the following main relief:-
"To quash the proceeding of S.T.No.11/2015, State Vs. Ramratan and others, Case Crime No. 199/2006 and Charge-sheet dated 08.03.2007, under Sections 323, 504 LP.C. and 3(1)10 S.C./S.T. Act. Police Station-Alapur, District Ambedkar Nagar pending in the Court of Learned Additional District Judge/Special Judge, S.C./S.T. Act, Ambedkar Nagar
It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of S.T.No. 11/2015, State Vs. Ramratan and others, Case Crime No. 199/2006 and Charge-sheet dated 08.03.2007, under Sections 323, 504 LP.C. and 3(1)10 S.C./S.T. Act, Police Station-Alapur. District-Ambedkar Nagar pending in the Court of Learned Additional District Judge/Special Judge, S.C./ST. Act, Ambedkar Nagar."
On the basis of the submissions made by the learned counsel for the applicant, this Court vide order dated 08.11.2023 passed in Application U/S 482 No. 11020 of 2023, has referred the matter to the court below for the purpose of verification of the compromise entered into between the parties.
In compliance of earlier order of this Court dated 08.11.2023, the Special Judge, SC/ST Act, Ambedkar Nagar has verified the compromise on 29.11.2023, as appears from the Annexure No. 4, wherein it has been mentioned that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court.
From the perusal of the verification report it appears that under the provisions of SC/ST act, the amount has already been deposited before the trial Court.
With regard to the prayer sought including quashing of criminal proceedings on the basis of compromise, the learned counsel for the applicants has placed reliance on the judgments of the Apex Court in the case of Romgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409.
Learned Additional Government Advocate could not dispute the fact that the compromise has been entered into between the parties and now the opposite parties do not want to proceed with S.T.No.11/2015, State Vs. Ramratan and others, Case Crime No. 199/2006 and Charge-sheet dated 08.03.2007, under Sections 323, 504 LP.C. and 3(1)10 S.C./S.T. Act. Police Station-Alapur, District Ambedkar Nagar pending in the Court of Learned Additional District Judge/Special Judge, S.C./S.T. Act, Ambedkar Nagar.
Considering the submissions advanced by learned counsel for the parties and perusing the report dated 29.11.2023 as also taking note of the observations made by Hon'ble Apex Court in the judgments referred above, this Court is of the view that no purpose would be served in keeping the proceedings pending before the trial court and hence, entire proceedings arising out ofCase Crime No. 199/2006 and Charge-sheet dated 08.03.2007, under Sections 323, 504 LP.C. and 3(1)10 S.C./S.T. Act. Police Station-Alapur, District Ambedkar Nagar pending in the Court of Learned Additional District Judge/Special Judge, S.C./S.T. Act, Ambedkar Nagar, are hereby quashed in terms of the compromise.
Accordingly, the present application U/S 482 Cr.P.C. is allowed.
Order Date :- 22.12.2023
Vipul
