Kushagra Gupta and 3 Others v. State of U.P. and Another

Court No. - 80 Case :- CRIMINAL APPEAL No. - 9048 of 2023 Appellant :- Kushagra Gupta And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Bharat Singh Counsel for Respondent :- G.A.,Ram Babu Singh Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for both the parties as well as learned A.G.A. for the State. This criminal appeal has been filed with a prayer to allow the present criminal appeal and stay the further proceedings and set aside the impugned charge sheet dated 25.11.2022 registered as special sessions trial no. 09 of 2023 arising out of case crime no. 0403 of 2022 under Sections 420, 406, 323, 504, 506 I.P.C., 3(2) 5Ka and 3(1) (Dha) of S.C. and S.T. Act, 1989 (Amendment 2015), Police Station Chandausi, District Sambhal and the impugned order of taking cognizance and summoning the appellants dated 16.01.2023 passed by the learned Special Judge S.C./S.T. Act/ Additional District and Sessions Judge, Sambhal situated at Chandausi. It is submitted that in this case matter has been settled amicably between the parties on the basis of compromise filed before the learned court concerned which has already been verified by the learned court and the amount which was given as compensation to the informant has also been deposited in the government account. Now, there is no any dispute in existence between the parties, therefore no purpose will be served by keeping the proceedings pending. Learned counsel for the respondents as well as learned A.G.A. has also no objection in this regard. Considering the facts and circumstances of the case, submission made by learned counsel for both the parties as well as learned A.G.A. and perusal of report transmitted by the learned court concerned regarding verification of compromise it appears that matter has been resolved between the parties on the basis of compromise and the amount of compensation has also been refunded in the government account, therefore it will be of no use to keep the proceedings pending in the Court concerned, as a result the proceedings of Case Crime No. 0403 of 2022 are hereby quashed on the basis of compromise. Accordingly, this appeal is disposed of finally. Order Date :- 2.12.2023/ Suraj Srivastav High Court of Judicature at Allahabad