AVADH KISHOR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
A482/295/2025 · 2025-01-15
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116364 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116364 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2329 Court No. - 12 Case :- APPLICATION U/S 482 No. - 295 of 2025 Applicant :- Avadh Kishor And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. At the very outset, learned Counsel for the applicant stated that inadvertently sections of the case in prayer clause has not been mentioned correctly, as such, he may also be permitted to correct the same during the course of the day. To the aforesaid, learned A.G.A. has no objection. Accordingly, learned Counsel for the applicant is permitted to correct the sections mentioned in the prayer clause of the present application, during the course of the day. Sri Ayush Srivastava, learned Advocate has filed his Vakalatnama on behalf of opposite party nos. 2 to 4, which is taken on record. Heard learned counsel for the applicants, learned Counsel for opposite party nos.2 to 4 learned AGA for the State of U.P. and gone through the record. The present application has been filed for the following main relief:-
"For the facts, reasons and circumstances mentioned in the accompanying affidavit, It is most respectfully prayed that this Hon'ble court may kindly be pleased impugned order dated 21.05.2019, as well as Charge Sheet No.131/2007, dated 22.11.2007 passed in Session Trial No.41/2019, Case Crime No.344/2007, Under Section -323/324/325/504/308 IPC, Police Station Pachdevra,District- Hardoi "State versus Avadh Kishor and others" in the interest of justice, equity and fair play." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 10909 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 18.07.2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties. It appears from the order dated 30.07.2024 (Annexure No.5) 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. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of
Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, 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, according to which, in given
facts, based upon the settlements between the parties the criminal proceedings can be quashed, as also the nature of dispute/crime, 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 arising out of Case Crime No.344/2007, quoted above, are hereby quashed qua the applicants. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 15.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench