High Court · 2025

Hon'ble Nalin Kumar Srivastava,J.

1. Supplementary affidavit filed on behalf of the appellant is taken on record.

2. Heard learned counsel for the appellant, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

3. The parties before this Court had made a request that they have entered into a compromise in this matter and have settled all the disputes between them and now they do not want to proceed with this matter.

4. A perusal of record shows that by way of present instant criminal appeal legality and validity of the charge-sheet as well as summoning order dated 29.01.2022 was assailed whereby the present appellant was summoned by the Special Judge SC/ST Act, Rampur to face trial under sections 323, 506 IPC and sections 3(2)da, 3(1)dha of SC/ST Act.

5. Learned counsel for the appellant has submitted before this Court that the compromise entered into the parties have been made without any coercion or undue influence upon the informant of this case and is a result of his free will and consent.

6. The coordinate Bench of this Court passed an order on 17.08.2022 to apprise the Court whether the informant of this case namely Lal Singh has received any amount of compensation as contemplated in Scheduled 1 Rule 12(iv) of SC/ST Rules 1995 and further vide order dated 26.09.2022 this Court directed the informant to deposit entire amount received from the Government as compensation as prescribed in SC/ST Rules, if any, in Treasury. Further the compromise deed submitted by the parties was sent to the trial court with the direction to fix the date for verification of the same and to pass an appropriate order with respect to the verification, after ensuring the deposit of entire compensation amount received by the informant, in Treasury and then after due verification a report shall be send to this Court.

7. In the supplementary affidavit filed on behalf of appellant it has been mentioned that the learned trial court proceeded to verify the paper no. 16-Ka, after ensuring the deposition of Rs. 75,000/- as compensation amount in the Treasury through challan which was further verified by the office of the Chief Treasury Officer, Rampur.

8. It appears from perusal of the record that the present case is having a nature of purely private dispute and prima facie it also appears that the alleged offence has not been committed on account of the caste of the victim and except SC/ST Act minor offences have been levelled against the accused. Further, the compromise between the parties is the result of free will and consent of the complainant without any undue influence.

9. Whether a compromise can be verified and accepted in a case relating to an offence under SC/ST Act has been answered in Ramawatar Vs. State of M.P. (2022) 13 SCC 635. Paragraph no. 17 of the said judgment is quoted herein below:- "17. On the other hand, where it appears to the Court that the offence in question, although covered under the SC/ST Act, is primarily private or civil in nature, or where the alleged offence has not been committed on account of the caste of the victim, or where the continuation of the legal proceedings would be an abuse of the process of law, the Court can exercise its powers to quash the proceedings. On similar lines, when considering a prayer for quashing on the basis of a compromise/settlement, if the Court is satisfied that the underlying objective of the Act would not be contravened or diminished even if the felony in question goes unpunished, the mere fact that the offence is covered under a "special statute" would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 Cr.P.C."

10. It is further held in paragraph no. 19 of the said judgment which is quoted herein under:- "19. We may hasten to add that in cases such as the present, the Courts ought to be even more vigilant to ensure that the complainant-victim has entered into the compromise on the volition of his/her free will and not on account of any duress. It cannot be understated that since members of the Scheduled Caste and Scheduled Tribe belong to the weaker sections of our country, they are more prone to acts of coercion, and therefore ought to be accorded a higher level of protection. If the Courts find even a hint of compulsion or force, no relief can be given to the accused party. What factors the Courts should consider, would depend on the facts and circumstances of each case"

11. A perusal of the full Bench judgment in Ghulam Rasool Khan And Others vs State Of U.P And Another 2022 (8) ADJ 691 reveals that a matter under the SC/ST Act may be compounded in a criminal appeal under section 14-A(2) of SC/ST Act and there is no need to take recourse of U/s. 482 Cr.P.C. for the same.

12. In view of that this Court finds that since the parties have entered into compromise which has already been verified by the trial court and the compensation amount received by the informant from the Government has already been deposited in the Treasury, now nothing rests in this matter to continue.

13. Hence, the charge-sheet dated 30.11.2021 in S.S.T. No. 8 of 2022 (State Vs. Om Kumar @ Omkar) arising out of Case Crime No. 403 of 2021, under Sections 323, 506 IPC and Section 3(2) dha, 3(1) gha of SC/ST Act, at Police Station Milak, District Rampur alongwith cognizance order dated 29.01.2022 passed by the court of Special Judge SC/ST Act, Rampur as well are set aside and quashed and the present criminal appeal is disposed of in terms of compromise entered into by both the parties. Order Date :- 31.1.2025 Vikram VIKRAM SINGH High Court of Judicature at Allahabad

Hon'ble Nalin Kumar Srivastava,J.

1. Supplementary affidavit filed on behalf of the appellant is taken on record.

2. Heard learned counsel for the appellant, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

3. The parties before this Court had made a request that they have entered into a compromise in this matter and have settled all the disputes between them and now they do not want to proceed with this matter.

4. A perusal of record shows that by way of present instant criminal appeal legality and validity of the charge-sheet as well as summoning order dated 29.01.2022 was assailed whereby the present appellant was summoned by the Special Judge SC/ST Act, Rampur to face trial under sections 323, 506 IPC and sections 3(2)da, 3(1)dha of SC/ST Act.

5. Learned counsel for the appellant has submitted before this Court that the compromise entered into the parties have been made without any coercion or undue influence upon the informant of this case and is a result of his free will and consent.

6. The coordinate Bench of this Court passed an order on 17.08.2022 to apprise the Court whether the informant of this case namely Lal Singh has received any amount of compensation as contemplated in Scheduled 1 Rule 12(iv) of SC/ST Rules 1995 and further vide order dated 26.09.2022 this Court directed the informant to deposit entire amount received from the Government as compensation as prescribed in SC/ST Rules, if any, in Treasury. Further the compromise deed submitted by the parties was sent to the trial court with the direction to fix the date for verification of the same and to pass an appropriate order with respect to the verification, after ensuring the deposit of entire compensation amount received by the informant, in Treasury and then after due verification a report shall be send to this Court.

7. In the supplementary affidavit filed on behalf of appellant it has been mentioned that the learned trial court proceeded to verify the paper no. 16-Ka, after ensuring the deposition of Rs. 75,000/- as compensation amount in the Treasury through challan which was further verified by the office of the Chief Treasury Officer, Rampur.

8. It appears from perusal of the record that the present case is having a nature of purely private dispute and prima facie it also appears that the alleged offence has not been committed on account of the caste of the victim and except SC/ST Act minor offences have been levelled against the accused. Further, the compromise between the parties is the result of free will and consent of the complainant without any undue influence.

9. Whether a compromise can be verified and accepted in a case relating to an offence under SC/ST Act has been answered in Ramawatar Vs. State of M.P. (2022) 13 SCC 635. Paragraph no. 17 of the said judgment is quoted herein below:- "17. On the other hand, where it appears to the Court that the offence in question, although covered under the SC/ST Act, is primarily private or civil in nature, or where the alleged offence has not been committed on account of the caste of the victim, or where the continuation of the legal proceedings would be an abuse of the process of law, the Court can exercise its powers to quash the proceedings. On similar lines, when considering a prayer for quashing on the basis of a compromise/settlement, if the Court is satisfied that the underlying objective of the Act would not be contravened or diminished even if the felony in question goes unpunished, the mere fact that the offence is covered under a "special statute" would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 Cr.P.C."

10. It is further held in paragraph no. 19 of the said judgment which is quoted herein under:- "19. We may hasten to add that in cases such as the present, the Courts ought to be even more vigilant to ensure that the complainant-victim has entered into the compromise on the volition of his/her free will and not on account of any duress. It cannot be understated that since members of the Scheduled Caste and Scheduled Tribe belong to the weaker sections of our country, they are more prone to acts of coercion, and therefore ought to be accorded a higher level of protection. If the Courts find even a hint of compulsion or force, no relief can be given to the accused party. What factors the Courts should consider, would depend on the facts and circumstances of each case"

11. A perusal of the full Bench judgment in Ghulam Rasool Khan And Others vs State Of U.P And Another 2022 (8) ADJ 691 reveals that a matter under the SC/ST Act may be compounded in a criminal appeal under section 14-A(2) of SC/ST Act and there is no need to take recourse of U/s. 482 Cr.P.C. for the same.

12. In view of that this Court finds that since the parties have entered into compromise which has already been verified by the trial court and the compensation amount received by the informant from the Government has already been deposited in the Treasury, now nothing rests in this matter to continue.

13. Hence, the charge-sheet dated 30.11.2021 in S.S.T. No. 8 of 2022 (State Vs. Om Kumar @ Omkar) arising out of Case Crime No. 403 of 2021, under Sections 323, 506 IPC and Section 3(2) dha, 3(1) gha of SC/ST Act, at Police Station Milak, District Rampur alongwith cognizance order dated 29.01.2022 passed by the court of Special Judge SC/ST Act, Rampur as well are set aside and quashed and the present criminal appeal is disposed of in terms of compromise entered into by both the parties. Order Date :- 31.1.2025 Vikram VIKRAM SINGH High Court of Judicature at Allahabad