NEERAJ TIWARI
Kunal Shah – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Neeraj Tiwari, J.
Civil Misc. Amendment Application No. 7 of 2023
1. Heard learned counsel for the parties.
2. Learned counsel for the applicants submitted that during the pendency of application, trial Court has renumbered the Complaint Case No. 171 of 2017 (Jai Kumar Harijan v. Kunal Shah and others) as Sessions Case No. 1506 of 2023 (State of U.P. v. Kunal Shah and others), therefore, he may be permitted to carry out necessary amendment in the prayer clause and further requested that same may be allowed, for which Sri Awadhesh Kumar Pandey, learned counsel for the opposite party No. 2 has no objection.
3. Amendment Application is allowed.
4. Learned counsel for the applicants is permitted to carry out necessary amendment during the course of day.
Order on the memo of application
Heard Sri Rajrshi Gupta, learned counsel for the applicants, learned AGA and Sri Awadesh Kumar Pandey, learned counsel for the opposite party No. 2.
2. Present application has been filed for quashing of the summoning order dated 18.5.2019 as well as entire proceedings of Complaint Case No. 171 of 2017 (Jai Kumar Harijan v. Kunal Shah and others) renumbered as Sessions Case No. 1506 of 2023 (State of U.
Ashrafi v. State of Uttar Pradesh
B. Venkateshwaran and others v. P. Bakthavatchalam
Chandrapal Singh and others v. Maharaj Singh and another
Dinesh alias Buddha v. State of Rajasthan
G. Sagar Suri and another v. State of U.P. and others
G. Sagar Suri v. State of U.P. 2000 (2) SCC 636
Gorige Pentaiah v. State of A.P. and others
Indian Oil Corporation v. NEPC India Ltd. (2006) 6 SCC 736
Khuman Singh v. State of M.P. AIR 2019 SC 4030
Criminal proceedings cannot be initiated for civil disputes, and unexplained delays in filing complaints can lead to quashing of such proceedings.
The court ruled that allegations under the SC/ST Act must demonstrate intent to humiliate based on caste, and the second proviso of Section 14-A(3) was struck down as unconstitutional.
(1) Offence under SC/ST Act, 1989 can be quashed on the ground of compromise between parties.(2) Powers of Apex Court under Article 142 can be invoked to quash a criminal proceeding on the basis of a....
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
The SC/ST Act's protective legislative intent underscores that offences must not be quashed based on compromise if it risks undermining legal safeguards against caste-based discrimination.
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
The court emphasized the need to be extremely circumspect in exercising the extraordinary jurisdiction to quash criminal proceedings under the SC/ST Act and held that the legislative intent of the Ac....
The prosecution cannot proceed where allegations reflect a civil dispute and lack evidence of criminal conduct, as per principles from SC/ST Act precedents.
The main legal point established in the judgment is that allegations must meet the criteria for offenses under the Atrocities Act, and the court must carefully consider the specifics of the complaint....
The main legal point established is that the court can quash criminal proceedings on the basis of a genuine settlement between the parties, especially in cases where the offences are not of a serious....
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