NAND LAL PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Kamlesh Kumar Rai, learned counsel for the petitioner and learned AGA.

(2.) Sri Arun Kumar Pandey has filed 'Vakalatnama' on behalf of opposite party no. 2, same is taken on record.

(3.) By means of this petition filed under section 482 Cr.P.C. the petitioner has assailed the proceedings of Special Trial No. 673/2017 : State vs. Nand Lal Pandey relating to Case Crime No. 357A/2016 u/s 504 Indian Penal Code and 3(1)X SC/ST Act, P.S. Government Railway Police, District Lucknow pending in the Court of Special Judge, SC/ST Act, District Lucknow. The charge-sheet no. 238/2017 dated 8.9.2017 has also been assailed. Both the aforesaid proceedings have been assailed on the basis of the fact that the parties in dispute have entered into the compromise deed. Earlier the petitioner has filed a petition under section 482 Cr.P.C. bearing no. 2688/2019 and this Court vide order dated 11.4.2019 disposed of the said petition directing the learned court-below to verify the compromise if it is entered into between the parties and pass appropriate orders after verification of the compromise. Learned counsel for the petitioner has drawn attention of this court towards Annexure no. 2 which is a compromise deed between the parties and have also annexed Annexure no. 3 which is an order dated 11.6.2019 passed by the learned court below whereby it has been observed that since the offence under SC/ST Act are not compoundable in nature, therefore, offence may not be compounded on the basis of compromise.