Neutral Citation No. - 2024:AHC-LKO:52320
Court No. - 11
Case :- CRIMINAL APPEAL No. - 1861 of 2024
Appellant :- Ameen Ali And 2 Others
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt.
Civil Sectt. Lko And Another
Counsel for Appellant :- Arshad Jameel,Kahkashan
Zaidi,Mohammad Naseem
Counsel for Respondent :- G.A.,Firdaus
Hon'ble Abdul Moin,J.
Short counter affidavit filed on behalf of respondent no.2 is
taken on record.
Heard learned counsel for the appellants, learned Additional
Government Advocate appearing for respondent no.1 and Sri
Mukhtar Ahmad holding brief of Ms. Firdaus, learned counsel
for respondent no.2.
Instant criminal appeal has been praying for quashing of the
charge sheet dated 31.08.2015 along with entire proceedings on
the basis of compromise in S.T. No.235/2023 in re: State vs.
Noor Ali and others, arising out of Case No.3448/2015, Crime
No.259/2015, under Sections 323, 504 IPC & Section 3(i)(x)
SC/ST Act, Police Station Bakshi Ka Talab, District Lucknow.
Contention of learned counsel for the contesting parties is that
earlier they had approached this Court by filing Criminal
Appeal No.1571 of 2024 in re: Ameenn Ali and 2 others vs.
State of U.P. and another. This Court vide judgment and order
dated 08.05.2024, a copy of which is Annexure-7 to the appeal,
disposed of the appeal with the direction to the parties to appear
before the court concerned for verification of the compromise
which is alleged to have been entered into by all the parties
concerned.
It is contended that in pursuance thereof, all the parties had
appeared before the court concerned on 31.05.2024 and the said
compromise has been verified by the learned court vide the said
order, a copy of which has been filed as Annexure-8 to the
appeal. It is thus contended that considering the aforesaid
compromise the proceedings pending against the appellant be
quashed.
Learned counsel for respondent no.2 states that in the short
counter affidavit filed today a specific averment has been made
in paragraph 5 of the said affidavit that no amount has been
received under the provisions of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989, by the
respondent no.2.
Considering the aforesaid as well as the order dated 31.05.2024
whereby the compromise has been entered into by the parties
whereby they have agreed to settle the matter consequently the
proceedings of Case No.235 of 2017 in re: State vs. Noor Ali
and others arising out of Case Crime No.0259 of 2015 under
Sections 323/504 IPC and Section 3(i)(x) of the SC/ST Act,
Police Station Bakshi Ka Talab, District Lucknow, pending
before the Special Judge, SC/ST Act, Lucknow, are hereby
quashed.
The appeal is disposed of.
Order Date :- 31.7.2024
A. Katiyar
Digitally signed by :-
AMIT KATIYAR
High Court of Judicature at Allahabad,
Lucknow Bench