Seema Sharma And Another vs State Of U.P. Thru. Prin. Secy. Home Civil Sectt.
Case Details
Acts & Sections
Cited in this judgment
1. Heard learned counsel for the parties and perused the record.
2. The instant application under Section 482 Cr.P.C. has been filed for quashing of the charge-sheet dated 25.07.2023 filed in Case Crime No.0473/2023, under Sections 323, 504 and 506 IPC read with Sections 3(1(D) and 3(1)(Dh) SC/ST Act lodged at Police Station Kotwali Sadar, District Kheri, to quash the summoning order dated 27.10.2023 passed by the learned Special Judge, SC/ST Act, Kheri and to quash the proceeding of Criminal Case No.355/2023 on the ground that the parties have arrived at a compromise/settlement.
3. Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties sat together and they have settled their dispute and that too has been reduced in writing as compromise deed dated 01.02.2025 and the same has been annexed as Annexure SA-1 to the supplementary affidavit dated 22.05.2025 filed by the applicants. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing the compromise deed and thus, further criminal proceedings against the present applicants would be a futile exercise and amount to harassment of the applicants.
4. In support of his contentions, he has placed reliance in the case of Ramawatar Vs The State of Madhya Pradesh,2021 SCC Online SC 966 2 CRLA No. 844 of 2024 and has referred paragraph nos. 9,10,11 & 16, which are extracted hereinunder: "9. Having heard learned Counsel for the parties at some length, we are of the opinion that two questions fall for our consideration in the present appeal. First, whether the jurisdiction of this Court under Article 142 of the Constitution can be invoked for quashing of criminal proceedings arising out of a 'noncompoundable offence? If yes, then whether the power to quash proceedings can be extended to offences arising out of special statutes such as the SC/ST Act ?
10. So far as the first question is concerned, it would be ad rem to outrightly refer to the recent decision of this Court in the case of Ramgopal & Anr. V. The State of Madhya Pradesh, wherein, a two Judge Bench of this Court consisting of two of us (N.V. Ramana, CJI & Surya Kant, J) was confronted with an identical question. Answering in the affirmative, it has been clarified that the jurisdiction of a Court under Section 320 Cr.P.C cannot be
1. Heard learned counsel for the parties and perused the record.
2. The instant application under Section 482 Cr.P.C. has been filed for quashing of the charge-sheet dated 25.07.2023 filed in Case Crime No.0473/2023, under Sections 323, 504 and 506 IPC read with Sections 3(1(D) and 3(1)(Dh) SC/ST Act lodged at Police Station Kotwali Sadar, District Kheri, to quash the summoning order dated 27.10.2023 passed by the learned Special Judge, SC/ST Act, Kheri and to quash the proceeding of Criminal Case No.355/2023 on the ground that the parties have arrived at a compromise/settlement.
3. Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties sat together and they have settled their dispute and that too has been reduced in writing as compromise deed dated 01.02.2025 and the same has been annexed as Annexure SA-1 to the supplementary affidavit dated 22.05.2025 filed by the applicants. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing the compromise deed and thus, further criminal proceedings against the present applicants would be a futile exercise and amount to harassment of the applicants.
4. In support of his contentions, he has placed reliance in the case of Ramawatar Vs The State of Madhya Pradesh,2021 SCC Online SC 966 2 CRLA No. 844 of 2024 and has referred paragraph nos. 9,10,11 & 16, which are extracted hereinunder: "9. Having heard learned Counsel for the parties at some length, we are of the opinion that two questions fall for our consideration in the present appeal. First, whether the jurisdiction of this Court under Article 142 of the Constitution can be invoked for quashing of criminal proceedings arising out of a 'noncompoundable offence? If yes, then whether the power to quash proceedings can be extended to offences arising out of special statutes such as the SC/ST Act ?
10. So far as the first question is concerned, it would be ad rem to outrightly refer to the recent decision of this Court in the case of Ramgopal & Anr. V. The State of Madhya Pradesh, wherein, a two Judge Bench of this Court consisting of two of us (N.V. Ramana, CJI & Surya Kant, J) was confronted with an identical question. Answering in the affirmative, it has been clarified that the jurisdiction of a Court under Section 320 Cr.P.C cannot be