Sanjay Baheliya v. State of U.P. and

1. Heard Sri Pavan Kishore, learned counsel for the applicants, who are three in number, Sri S.K. Singh, learned A.G.A. for the State and Sri Mahendra Kumar Sharma, learned counsel for the opposite party no.2.

2. The opposite party herein earlier approached this Court by filing application under Section 482 No.48121 of 2023 (Sanjay Baheliya Vs. State of U.P. and 3 others), wherein on 17.11.2023, the following orders were passed: "1. Sri Arvind Kumar Rai, Advocate, has filed his Vakalatnama on behalf of opposite party nos. 2 to 4, which is taken on record.

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

3. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of S.T. No. 01 of 2015 (NCR No. 5/15 (State vs. Rajendra Chauhan & others), arising out of Case Crime No. 33/14, under Sections 323, 504 IPC and Section 3 (1) (X) SC/ST Act, Police Station Ram Nagar, District Varanasi, pending in the court of Special Judge SC/ST Act, District Varanasi, on the basis of compromise.

4. Learned counsel for the applicants submits that the applicant and the opposite party nos. 2 to 4 have reconciled their differences and a compromise has been entered between them, and the compromise deed is annexed as annexure-3 to the affidavit. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of process of law.

5. Learned AGA, however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application along with copy of compromise between the parties, which will be decided in accordance with law.

6. In view of the above, the applicant and the opposite party nos. 2 to 4 are directed to appear before the court below along with compromise and an application for verification of compromise deed so filed as well as a certified copy of this order within two weeks from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring their presence, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the applicants and the opposite party nos. 2 to 4 as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.

7. The court in that scenario will allow the applicant and the opposite party nos. 2 to 4 to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

8. For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case.

9. With the aforesaid directions, this application is finally disposed of."

3. Post submissions of the compromise, the same stood verified by the court below of Special Judge, SC/ST Act, Varanasi on 10.01.2024.

4. This Court on 01.04.2024 proceeded to pass the following orders: "Sri Mahendra Kumar Sharma, learned counsel has filed his Vakalatnama on behalf of opposite party No. 2 is taken on record. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 28.02.2014 arising out of NCR No. 5/14 and Case Crime No. 33/14 and entire proceedings of its consequent case being Sessions Trial No. 1/2015 (State Vs. Rajendra Chauhan and others), under Sections 323, 504, 506 IPC and Section 3(1)(x) of the S.C./S.T. Act, Police Station-Ram Nagar, District- Varanasi pending in the Court of Special Judge, S.C./S.T. Act, Varanasi. Learned counsel for the applicants and opposite party No. 2 submit that the parties have amicably settled their disputes vide compromise dated 27.07.2023 which has been placed as Annexure No. 5 to the present application and duly verified by learned Special Judge (S.C./S.T. Act) on 10.01.2024. A report shall be called from the District Magistrate, Varanasi whether any compensation was paid to the opposite party No. 2/victim and the said amount has been returned back to the authorities concerned or not. List this case, as fresh on 23.04.2024 alongwith the Compensation Report showing the name of Sri Mahendra Kumar Sharma as counsel for the opposite party No. 2. In the meantime, no coercive measures shall be taken against the applicants in Sessions Trial No. 1/2015 (State Vs. Rajendra Chauhan and others), under Sections 323, 504, 506 IPC and Section 3(1)(x) of the S.C./S.T. Act, Police Station-Ram Nagar, District-Varanasi pending in the Court of Special Judge, S.C./S.T. Act, Varanasi."

5. Lastly, on 20.01.2025, the following orders were passed: "Shri Mahendra Kumar Sharma, learned Advocate has filed short counter affidavit along with the copy of Challan today in Court which is taken on record. It is submitted that the compensation amount received under the SC/ST Act has been returned to the government exchequer. Certified copy of the Challan is filed as Annexure-1 to the supplementary affidavit. As per previous report dated 10.04.2024 submitted by District Social Welfare Officer, compensation amount had not been returned. However, in view of the averment made in the supplementary affidavit filed today, let fresh report be called for from the District Social Welfare Officer, Varanasi through District Magistrate, Varanasi as to whether compensation amount received under the SC/ST Act has been returned or not. Registrar (Compliance) is hereby directed to communicate this order to the authorities concerned within 48 hours. List this matter on 27.02.2025. Till the next date of listing, interim order, if any, is extended."

6. There is a report of the District Social Welfare Officer, Varanasi dated 30.01.2025 that the complainant/the victim has deposited Rs.15,000/- towards compensation, which he had received.

7. Learned A.G.A. as well as Sri Mahendra Kumar Sharma, learned counsel for the opposite party no.2 has no objection and they do not dispute the said fact.

8. Accordingly, the application stands allowed.

9. The entire proceedings of Sessions Trial No.01 of 2015 (State Vs. Rajendra Chauhan and others), under Sections 323, 504, 506 I.P.C. & Section 3(1)(X) SC/ST Act, NCR No.05 of 2014, arising out of Case Crime No.33 of 2014, Police Station Ram Nagar, District Varanasi, pending in the Court of Special Judge, SC/ST Act, Varanasi, are hereby set aside. Order Date :- 27.2.2025 CS/- CHANDAN SINGH High Court of Judicature at Allahabad

1. Heard Sri Pavan Kishore, learned counsel for the applicants, who are three in number, Sri S.K. Singh, learned A.G.A. for the State and Sri Mahendra Kumar Sharma, learned counsel for the opposite party no.2.

2. The opposite party herein earlier approached this Court by filing application under Section 482 No.48121 of 2023 (Sanjay Baheliya Vs. State of U.P. and 3 others), wherein on 17.11.2023, the following orders were passed: "1. Sri Arvind Kumar Rai, Advocate, has filed his Vakalatnama on behalf of opposite party nos. 2 to 4, which is taken on record.

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

3. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of S.T. No. 01 of 2015 (NCR No. 5/15 (State vs. Rajendra Chauhan & others), arising out of Case Crime No. 33/14, under Sections 323, 504 IPC and Section 3 (1) (X) SC/ST Act, Police Station Ram Nagar, District Varanasi, pending in the court of Special Judge SC/ST Act, District Varanasi, on the basis of compromise.

4. Learned counsel for the applicants submits that the applicant and the opposite party nos. 2 to 4 have reconciled their differences and a compromise has been entered between them, and the compromise deed is annexed as annexure-3 to the affidavit. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of process of law.

5. Learned AGA, however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application along with copy of compromise between the parties, which will be decided in accordance with law.

6. In view of the above, the applicant and the opposite party nos. 2 to 4 are directed to appear before the court below along with compromise and an application for verification of compromise deed so filed as well as a certified copy of this order within two weeks from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring their presence, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the applicants and the opposite party nos. 2 to 4 as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.

7. The court in that scenario will allow the applicant and the opposite party nos. 2 to 4 to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

8. For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case.

9. With the aforesaid directions, this application is finally disposed of."

3. Post submissions of the compromise, the same stood verified by the court below of Special Judge, SC/ST Act, Varanasi on 10.01.2024.

4. This Court on 01.04.2024 proceeded to pass the following orders: "Sri Mahendra Kumar Sharma, learned counsel has filed his Vakalatnama on behalf of opposite party No. 2 is taken on record. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 28.02.2014 arising out of NCR No. 5/14 and Case Crime No. 33/14 and entire proceedings of its consequent case being Sessions Trial No. 1/2015 (State Vs. Rajendra Chauhan and others), under Sections 323, 504, 506 IPC and Section 3(1)(x) of the S.C./S.T. Act, Police Station-Ram Nagar, District- Varanasi pending in the Court of Special Judge, S.C./S.T. Act, Varanasi. Learned counsel for the applicants and opposite party No. 2 submit that the parties have amicably settled their disputes vide compromise dated 27.07.2023 which has been placed as Annexure No. 5 to the present application and duly verified by learned Special Judge (S.C./S.T. Act) on 10.01.2024. A report shall be called from the District Magistrate, Varanasi whether any compensation was paid to the opposite party No. 2/victim and the said amount has been returned back to the authorities concerned or not. List this case, as fresh on 23.04.2024 alongwith the Compensation Report showing the name of Sri Mahendra Kumar Sharma as counsel for the opposite party No. 2. In the meantime, no coercive measures shall be taken against the applicants in Sessions Trial No. 1/2015 (State Vs. Rajendra Chauhan and others), under Sections 323, 504, 506 IPC and Section 3(1)(x) of the S.C./S.T. Act, Police Station-Ram Nagar, District-Varanasi pending in the Court of Special Judge, S.C./S.T. Act, Varanasi."

5. Lastly, on 20.01.2025, the following orders were passed: "Shri Mahendra Kumar Sharma, learned Advocate has filed short counter affidavit along with the copy of Challan today in Court which is taken on record. It is submitted that the compensation amount received under the SC/ST Act has been returned to the government exchequer. Certified copy of the Challan is filed as Annexure-1 to the supplementary affidavit. As per previous report dated 10.04.2024 submitted by District Social Welfare Officer, compensation amount had not been returned. However, in view of the averment made in the supplementary affidavit filed today, let fresh report be called for from the District Social Welfare Officer, Varanasi through District Magistrate, Varanasi as to whether compensation amount received under the SC/ST Act has been returned or not. Registrar (Compliance) is hereby directed to communicate this order to the authorities concerned within 48 hours. List this matter on 27.02.2025. Till the next date of listing, interim order, if any, is extended."

6. There is a report of the District Social Welfare Officer, Varanasi dated 30.01.2025 that the complainant/the victim has deposited Rs.15,000/- towards compensation, which he had received.

7. Learned A.G.A. as well as Sri Mahendra Kumar Sharma, learned counsel for the opposite party no.2 has no objection and they do not dispute the said fact.

8. Accordingly, the application stands allowed.

9. The entire proceedings of Sessions Trial No.01 of 2015 (State Vs. Rajendra Chauhan and others), under Sections 323, 504, 506 I.P.C. & Section 3(1)(X) SC/ST Act, NCR No.05 of 2014, arising out of Case Crime No.33 of 2014, Police Station Ram Nagar, District Varanasi, pending in the Court of Special Judge, SC/ST Act, Varanasi, are hereby set aside. Order Date :- 27.2.2025 CS/- CHANDAN SINGH High Court of Judicature at Allahabad