SHAREEF @ SHAREEF KHAN AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS
A482/411/2025 · 2025-01-20
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117817 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117817 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3225 Court No. - 12 Case :- APPLICATION U/S 482 No. - 411 of 2025 Applicant :- Shareef @ Shareef Khan And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Normal format quashed Sri Suraj Singh, Advocate has filed their Vakalatnama on behalf of opposite party nos.2 to 5, which is taken on record. Heard learned counsel for the applicants, learned Counsel for opposite party nos.2 to 5 learned AGA for the State of U.P. and gone through the record.
The present application has been filed for the following main relief:-
"WHEREFORE, it is most humbly prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet (Police Report) bearing No. 129/2016 dated: 28.09.2016 vide FIR/ Case Crime No. 1959/2016 "State versus Shareef and others" under section 147, 148, 149, 323, 504, 506, 325, 336, 307 I.P.C. & 7 Criminal Law Amendment Act, Police Station- Malhipur, District- Shrawasti and cognizance and summoning order dated: 08.03.2017 passed by C.J.M., Shrawasti in Case No. 22/2018, Case Crime No. 1959/2016 "State versus Shareef and others" under section 147, 148, 149, 323, 504, 506, 325, 336, 307 I.P.C. & 7 Criminal Law Amendment Act, Police Station- Malhipur, District- Shrawasti and proceedings of the case in pursuance thereof, pending in the Court of District Sessions Judge, Shrawasti, on the basis of compromise arrived between the parties on 01.10.2024 and verified by the learned trial court on 30.11.2024, in the ends of justice." Considering the facts of the case including that the FIR in issue was lodged under various sections including Section 307 IPC and all the injuries suffered/sustained in the incident were simple in nature and also that cross cases were also filed against the persons from both the sides and the parties have entered into two separate settlements in both the cases and also that regarding other case, an Application U/S 482 No. 9348 of 2024 has been filed which has been disposed of by means of the order dated 23.10.2024 directing the parties to get the settlement verified by the trial court, this Court vide order dated 25.10.2024 passed in Application U/S 482 No. 9823 of 2024 disposed of the application of the applicants and referred the matter to the concerned court for the purposes of verification of the compromise entered into between the parties.
It appears from the order dated 30.11.2024 (Annexure No.7) 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 No. 1959/2016, 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 :- 20.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench