Court No. - 77
Case :- APPLICATION U/S 482 No. - 1083 of 2021 Applicant :- Brijesh Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Sevak Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
In terms of the order passed by this Court dated 18.1.2021, a report has been sent by the Court below to the extent that the parties have agreed before the Court and the matter has been compromised.
A perusal of the affidavit filed on behalf of the Opposite Party No. 2 shows that the case was lodged on account of misunderstanding, as such, a request was made before the Investigating Officer for closing the case, however, no final report was filed instead a chargesheet was filed wrongly.
In view of the fact that the offences in question as well as the fact that the matter has been compromised, the application is allowed and entire criminal proceedings of S.S.T. No. 135 of 2020, State Vs. Sabhapati and others, Case Crime No. 286 of 2019, under Sections 352, 504, 506 and 427 IPC and 3 (1) Da and Dha of the SC/ST Act, Police Station Mahrajganj, District Jaunpur are quashed.
It is further directed that the amount, if any, paid to the Opposite Party No. 2 under Section 12 (4) read with Schedule 1 (Annexure-1) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, shall be recovered by the concerned District Magistrate as the case was wrongly filed.
Let a copy of this order be sent to the concerned District Magistrate/Superintendent of Police for recovery of the amount, if paid to the Opposite Party No. 2.
Order Date :- 23.2.2021 vinay