Allahabad High Court
Prahalad Singh And 2 Others vs State Of U.P. And Another on 27 May, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:90142
Court No. - 52
Case :- APPLICATION U/S 528 BNSS No. - 16815 of 2025
Applicant :- Prahalad Singh And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Hare Krishna Tripathi
Counsel for Opposite Party :- Yogesh Kumar Tiwari,G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Hare Krishna Tripathi, learned counsel for the applicants, Mr. Yogesh Kumar Tiwari, learned counsel for the opposite party no.2 as well as Mr. Mayank Awasthi, learned AGA for the State and perused the record.
This application u/s 482 has been filed by the applicants with the prayer to quash the entire proceedings of Sessions Case No.1558 of 2024 (State vs. Prahalad Singh and Others), arising out of Case Crime No.71 of 2023, under Sections 323, 504, 506 I.P.C. and Section 3(2)5Ka S.C./S.T. Act, Police Station- Kakarwai, District- Jhansi, pending in the Special Judge, S.C./S.T. Act, Jhansi, on the basis of compromise.
On 14.05.2025, the following order was passed:-
"Short counter affidavit filed by learned counsel for the opposite party no.2 today in the Court, is taken on record.
Heard Mr. Hare Krishna Tripathi, learned counsel for the applicants, Mr. Yogesh Kumar Tiwari, learned counsel for the opposite party no.2 and learned AGA for the State.
Earlier the applicants approached before this Court by means of filing Application U/s 482 Cr.P.C. No.2363 of 2025 in which the Co-ordinate Bench of this Court by order dated 03.03.2025 directed the parties to appear before the court concerned for verification of compromise.
In compliance of the aforesaid order, compromise between the parties has been verified vide order dated 21.03.2025 passed by Special Judge (SC/ST Act), Jhansi. Certified copy of the order dated 21.03.2025 has been annexed as Annexure No.8 of this application. The victim has returned the compensation amount of Rs.1.5 lacs as is evident from page 17 of the short counter affidavit filed by learned counsel for the opposite party no.2.
Learned AGA for the State has pointed out that what amount of compensation has been received by the victim has not been mentioned anywhere.
In view of the above, the District Magistrate, Jhansi is directed to place a report in this regard and in case, the amount more than Rs.1.5 lacs has been given to the victim, the same may be recovered in accordance with law.
Put up this case on 27.05.2025, as fresh, showing the name of Mr. Yogesh Kumar Tiwari as counsel for the opposite party no.2.
Till then, no coercive measure shall be taken against the applicants in Sessions Case No.1558 of 2024 (State vs. Prahalad Singh and others), arising out of Case Crime No.71 of 2023, under Sections 323, 504, 506 IPC and Section 3(2)(5Ka) of SC/ST Act, Police Station-Kakarwai, District-Jhansi, pending before the court of Special Judge (SC/ST Act), Jhansi."
The concerned Court of Special Judge SC/ST Act, Jhansi has already verified the compromise vide order dated 21.03.2025. Certified copy of the aforesaid compromise verification order dated 21.03.2025 has been annexed as Annexure no.8 to this application. The letter of District Magistrate, Jhansi dated 23.05.2025 is also placed on record as is evident from office report dated 26.05.2025. As per the letter of District Magistrate, Jhansi, the compensation as received by the opposite party no.2 has also been returned.
Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
Learned A.G.A. for the State as well as learned counsel for the opposite party no.2 also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, they have no objection, if the proceedings in the aforesaid case are quashed.
This Court is not unmindful of the following judgements of the Apex Court:
(i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675,
(ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,
(iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
(iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
(v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
Accordingly, the entire proceeding of Sessions Case No.1558 of 2024 (State vs. Prahalad Singh and Others), arising out of Case Crime No.71 of 2023, under Sections 323, 504, 506 I.P.C. and Section 3(2)5Ka S.C./S.T. Act, Police Station- Kakarwai, District- Jhansi, pending in the Special Judge, S.C./S.T. Act, on the basis of compromise, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
A copy of this order be sent to the lower court forthwith.
Order Date :- 27.5.2025
Kalp Nath Singh
