IMPORTANT POINT
The court emphasized the need for verification of compromises in cases under the SC/ST Act to prevent misuse and uphold the integrity of the law.

JUDGMENT :

Hon'ble Mrs. Manju Rani Chauhan,J.

1. Learned counsel for the State has filed an affidavit of compliance today on behalf of Krishan Kumar, posted as S.P. Sambhal, which is taken on record.

2. Learned counsel for the opposite party no.2 has filed an affidavit today, which is taken on record.

3. Heard Mr. Ashutosh Upadhyay, learned counsel for the applicants, Mr. Ram Surat Patel, learned counsel for opposite party no.2 as well as Mr. A.K. Sand, learned Government Advocate assisted by Mr. Mayank Awasthi, learned counsel for the State and perused the material on record.

4. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 22.05.2022 as well as entire proceeding of S.T. No.130 of 2022 (State vs. Vihari & Others), arising out of Case Crime No.101/2022, under Sections 504, 506, 323 I.P.C. and Sections 3(1)da, 3(1)dha S.C./S.T. Act, Police Station- Kaila Devi, District- Sambhal as well as stay the further proceeding of the aforesaid case, pending before the learned Additional District & Session Judge/Special Judge (S.C./S.T. Act), Sambhal at Chandausi, on the basis of compromise.

5. On 05.07.2024, the following order was passed :-

"1. Heard Mr. Ashutosh Upadhyay, learned counsel for the applicants, Mr. Ram Surat Pal, Advocate holding brief of Mr. Rajesh Kumar Singh, learned counsel for opposite party no.2 as well as Mr. D.P. Singh, learned A.G.A. appearing for the State and perused the record.

2. The application under Section 482 Cr.P.C. is filed with the prayer to quash the charge sheet dated 22.05.2022 as well as entire proceeding of S.T. No.130 of 2022, (State Vs. Vihari & others), arising out of Case Crime No.101 of 2022, under Sections 504, 506, 323 I.P.C., and Section 3(1)da, 3(1)dha of SC/ST Act, Police Station- Kaila Devi, District-Sambhal, pending before learned Additional District & Session Judge/Special Judge (SC/ST Act), Sambhal, on the basis of compromise.

3. Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them out of Court. In this regard, an affidavit on behalf of both the parties has been moved before the Court concerned mentioning therein that they have entered into compromise and they do not want to press the case, copy of said affidavit has been annexed as Annexure no.7 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303.

4. Learned counsel for the opposite party no.2 does not dispute the correctness of the submissions made by the learned counsel for the applicants.

5. Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the parties may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law.

6. Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.

7. In view of the above, both the parties are directed to appear before the court below along with a certified copy of this order within two weeks from today and be permitted to file a proper compromise deed. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, after hearing the informant, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the con