Allahabad High Court
Rajveer Singh @ Billa And Another vs State Of U.P. Thru. Prin. Secy. Home ... on 31 May, 2024
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:41599
Court No. - 13
Case :- CRIMINAL APPEAL No. - 1776 of 2024
Appellant :- Rajveer Singh @ Billa And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another
Counsel for Appellant :- Anil Kumar Mishra
Counsel for Respondent :- G.A.
Hon'ble Saurabh Lavania,J.
1. Sri Dilip Kumar Pandey, Advocate, has put in appearance for the opposite party No. 2 and has filed his Vakalatnama, which is taken on record.
2. Heard learned counsel for the appellants, learned AGA for the State of U.P. and gone through the record.
3. The present appeal has been filed with a prayer to set aside the entire proceedings of Special Session Trial No. 282/2023 arising out of Case Crime No. 22 of 2022 under Sections 323, 504, 506 IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act, Police Station-Sampurna Nagar, District-Lakhimpur Kheri as well as the summoning order dated 04.09.2023 and charge sheet No. 46/2022 dated 31.03.2022.
4. It appears that after considering the averments made in Application U/S 482 No. 7247 of 2023 and the documents in support thereof as also the submissions made by the learned counsel for the appellants, this Court vide order dated 27.07.2023 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties.
5. It appears from the order dated 30.10.2023 that the Special Judge, S.C./S.T. Act/Additional Sessions Judge, Lakhimpur Kheri has verified the compromise, mentioning therein 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.
6. For the relief(s) sought, on the basis of compromise, the learned counsel for the appellants 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.
7. Learned AGA could not dispute the fact that the compromise has been entered into between the parties and now the opposite party no. 2 does not want to proceed with the proceedings in issue.
8. Considering the submissions advanced by learned counsel for the parties and perusing the order of trial court dated 30.10.2023 as also taking note of the observations made by Hon'ble Apex Court in the judgments, referred above, and the nature of dispute/crime, 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 of Special Session Trial No. 282/2023 arising out of Case Crime No. 22 of 2022 under Sections 323, 504, 506 IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act, Police Station-Sampurna Nagar, District-Lakhimpur Kheri as well as the summoning order dated 04.09.2023 and charge sheet No. 46/2022 dated 31.03.2022 are hereby quashed in terms of the compromise.
9. Accordingly, the present appeal is allowed in above terms.
10. Office/Registry is directed to send the copy of this order to concerned court forthwith.
Order Date :- 31.5.2024
Vinay/-
