Allahabad High Court
Shiv Narayan Rajbhar @ Shiv Narayan ... vs State Of U.P. And Anr. on 4 February, 2020
Author: Rajiv Joshi
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 54 Case :- CRIMINAL APPEAL No. - 6328 of 2019 Appellant :- Shiv Narayan Rajbhar @ Shiv Narayan Bhardwaj And 2 Ors. Respondent :- State Of U.P. And Anr. Counsel for Appellant :- R P Rajan Counsel for Respondent :- G.A.,Amarnath Tripathi Hon'ble Rajiv Joshi,J.
Short Counter affidavit filed by learned counsel for the O.P. No.2 as well as Rejoinder Affidavit filed by learned counsel for the appellants today are taken on record.
Heard Shri R.P. Rajan, learned counsel for the appellants, learned A.G.A. for the State and Shri Amarnath Tripathi, learned counsel for the O.P. No.2.
This criminal appeal under Section 14-A(1) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act has been filed challenging the charge sheet dated 14.1.2019 as well as impugned cognizance order dated 8.2.2019 passed by the Chief Judicial Magistrate, Varanasi in Criminal Case No.1921 of 2019 arising out of Case Crime No.0816 of 2018, under Sections 323, 504, 506, 452, I.P.C. and 3(1)(dha) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Sigra, District Varanasi, which is pending before the Special Judge, SC/ST Act, Varanasi.
Learned counsel for the appellants submits that the matter has already been compromised between the parties and a compromise deed has been annexed at page No.12 of the short counter affidavit. In the counter affidavit compromise has been admitted.
Since the parties had settled their dispute by way of written compromise, under these circumstances, charge sheet dated 14.1.2019 as well as impugned cognizance order dated 8.2.2019 passed by the Chief Judicial Magistrate, Varanasi in Criminal Case No.1921 of 2019 arising out of Case Crime No.816 of 2018, under Sections 323, 504, 506, 452, I.P.C. and 3(1)(dha) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Sigra, District Varanasi, pending before the Special Judge, SC/ST Act, Varanasi is, hereby, quashed.
The appeal stands allowed.
Order Date :- 4.2.2020 T. Sinha