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2023 Supreme(All) 416
IN THE HIGH COURT OF ALLAHABAD
RAHUL CHATURVEDI, J.
Jhabbu Dubey alias Pradeep Kumar Dubey – Appellant
Versus
State of U.P. and Others – Respondents
Criminal Appeal Nos. 5184, 6104 of 2022, Application U/s 482 No. 22777 of 2022, Application U/s 482 No. 2189 of 2023
Decided On : 28-02-2023
Advocate Appeared:
For the Appellants : Jaysingh Yadav, Achyut Jee, Girish Singh, Anil Kumar Yadav, Ajeet Singh.
For the Respondents: Ashutosh Kumar Tiwari, Ranjeet Singh, Animesh Srivastava, Ashish Kumar.
Headnote:
Constitution of India, 1949 – Article 142 – Indian Penal Code, 1860 – Section 323, 324, 504, 506, 342, 308, 147, 427, – Criminal Procedure Code, 1973 – Section 482, 320 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 14A – Scheduled Castes and Scheduled Tribes Rule, 1995 – Rule 11, 12 – Factum of Compromise – Learned counsel appellants applicant learned counsel for opposite proceedings further proceedings of respective cases which are pending against accused-appellants before different courts at different stages may be dropped in light of compromise settlement between parties – Held, Parties is no threat for any offensive against victim entire atmosphere is full of peace tranquility and positivity cannot be any good justification to keep that money for victim and in all fairness they are supposed to return back money to State Government – Victim belonging to compromise between contesting parties then deposit of amount back in State exchequer shall be sine-qua-non and condition precedent for any settlement or truce between parties without which no compromise could be verified by court concerned – Application allowed.
JUDGMENT :
RAHUL CHATURVEDI, J.
1. Heard Shri Jaisingh Yadav, Shri Achyut Jee, Shri Girish Singh, Shri Anil Kumar Yadav, Shri Ajeet Singh learned counsel for the appellants/applicant and Shri Animesh Srivastava, Shri Ashish Kumar, learned counsel for opposite party no. 2 as well as learned Additional Government Advocate for the State. Perused the record of the case.
2. The common prayer sought by these proceedings, is that the further proceedings of the respective cases which are pending against the accused-appellants before different courts at different stages may be dropped in the light of compromise/settlement between the parties. These cases relate to the relevant provisions of SC/ST Act along with sections of I.P.C. are also involved, for which accused-appellants are facing trial, meaning thereby, that the pending cases against the appellants/applicants may be quashed, as there is truce and settlement between the contesting parties and the informants of these cases are not inclined to prosecute the appellants/applicants in the light of compromise/settlement executed between the parties.
3. Before addressing on the merit of the case, it is desirable to give a bird’s eye view on the factual aspect involved in respective cases, so as to appreciate the controversy in hand in its correct perspective:
(I) Jhabbu Dubey @ Pradeep Kumar Dubey, Criminal Appeal No. 5184 of 2022
This is the appeal u/s 14-A(1) of SC/ST Act on behalf of Jhabbu Dubey @ Pradeep Kumar Dubey challenging the charge sheet dated 7.6.2022 as well as the cognizance order dated 4.7.2022 in S.S.T. No. 265 of 2022 (State vs. Jhabbu Dubey @ Pradeep Kumar Dubey), pending in the court of Special Judge (SC/ST) Act, Lalitpur, arising out of Case Crime No. 76 of 2022, u/s 324, 504 I.P.C. and 3¼1½ ¼n½ ,oa ¼/k½ of SC/ST Act, P.S. Jakhaura, District Lalitpur. The informant of the F.I.R. is Surendra s/o Haricharan Khatik and the injured in this case is his brother Shailendra.
F.I.R. was registered by the informant Surendra against the appellant Jhabbu Dubey on 11.4.2022 for the incident said to have taken place on 10.4.2022, with the allegation that on the fateful day the informant along with his brother Shailendra was sitting, suddenly Jhabbu Dubey, without any rhyme and reason, started hurling filthy abuses and when resisted, he became aggressive and by sword, he has caused injuries to his brother Shailendra. The investigation reveals sufficient material against the appellant and accordingly on 7.6.2022 a report u/s 173(2) of Cr.P.C. by the concerned I.O. was filed u/s 324, 504 I.P.C. and Section 3¼1½ ¼n½ ,oa ¼/k½ of SC/ST Act against the appellant. Special Judge, SC/ST Act, Lalitpur on 4.7.2022 has taken cognizance of those offences and issued process against the appellant to face the prosecution arising out of Case Crime No. 76 of 2022 u/s 324, 504 I.P.C. and Section 3¼1½ ¼n½ ,oa ¼/k½ of SC/ST Act.
Pending the proceeding, the informant Surendra S/o Haricharan Khatik and the injured Shailendra S/o Haricharan Khatik have given their respective affidavits before the concerned court on 31.5.2021, denying the entire story of 10.4.2022 and denying his presence over the place of incident. The injured Shailendra himself in his affidavit clearly absolved the appellant from commission of the offence. He stated in his affidavit that out of sheer accident he has fallen down and consequently received injuries and the appellant is not at all guilty of the alleged offences.
After having the affidavits, present appeal u/s 14-A(1) of SC/ST Act was filed for quashing of the proceeding pending against the appellant.
On the earlier occasion, in this case the Court has sought a report from the District Magistrate, Lalitpur/Social Welfare Officer as to what amount of compensation has been advanced to the injured Shailendra. Consequently a report from the C.J.M. Lalitpur dated 3.8.2022 was received, which indicates that Rs. 25,000/- (25%) has been advanced to the injured pursuant to Rule 12(4) of SC/ST
