WAJID ALI @ WAJID AND 5 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME AFFAIRS U.P. LKO. AND 4 OTHERS
/14/2025 · 2025-01-13
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114946 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114946 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2306 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 14 of 2025 Applicant :- Wajid Ali @ Wajid And 5 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Affairs U.P. Lko. And 4 Others Counsel for Applicant :- Deo Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Shri Dinkar Singh, Advocate has put in appearance on behalf of opposite party nos.2 to 5 by filing his Vakalatnama, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party nos.2 to 5, learned A.G.A. for the State and gone through the material available on record. 3. The present application under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 14.09.2024 and order of cognizance and summoning order dated 27.09.2024 and every proceeding of the Case No.31009/2024, Case Crime No. 607/2024, Under Section 115(2), 352, 351(3), 191(2), 110 B.N.S., 2023, Police Station Kotwali Nagar, District Gonda; State Vs. Wazid Ali & Others, pending in the Court of Learned Chief Judicial Magistrate (Pra.C.J.M) Gonda, on the basis of compromise between both side of the parties. (Annexed Charge Sheet dated 14.09 2024 as Annexure No. 4 & the Order of cognizance and summoning order dated 27.09.2024 as Annexure No.5 to this petition) It is also prayed that every proceeding of the Case No.31009/2024, Case Crime No. 607/2024, Under Section 115(2), 352, 351(3), 191(2), 110 B.N.S., 2023. Police Station Kotwali Nagar, District Gonda; State Vs. Wazid Ali & Others, pending in the Court of Learned Chief Judicial Magistrate (Pra.C.J.M) Gonda, may be stayed, during the pendency of the instant petition."
4. It appears that after considering the averments made in the Application U/S 528 Cr.P.C. No.102 of 2024 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 10.12.2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties. 5.
It appears from the order dated 18.12.2024 (Annexure No.8) that
the trial court has verified the compromise, mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court. 6. Considering the aforesaid as also the submissions made by
learned Counsel for the parties and the nature of dispute/crime as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, 2022 (14) SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings of Case No.31009/2024, Case Crime No. 607/2024 (Supra), indicated in the prayer, quoted above, are hereby quashed.
7. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 13.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench