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2025 DAILYLAW 118973 (ALL)

SHASHANK RAI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. HOME U.P. LKO. AND ANOTHER

A482/527/2025 · 2025-01-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3800 Court No. - 12 Case :- APPLICATION U/S 482 No. - 527 of 2025 Applicant :- Shashank Rai And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Home U.P. Lko. And Another Counsel for Applicant :- Rajneesh Tiwari,Usha Raikwar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Ritesh Kumar, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicants, learned Counsel for opposite party no.2 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 as stated in the accompanying petition, which is duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning/cognizance dated 25.10.2024 passed by Learned Additional Chief Judicial Magistrate, III, Court No.27, Lucknow in Criminal Case No. 105475/2024 "State Vs. Abhinandan Dubey @ Madhukar Diwedi and another" in pursuant to the Charge sheet filed in FIR No.87 of 2023 lodged under section 323, 504, 506, 427 I.P.C., at Police Station Chinhat, District - Lucknow East (Commissionerate Lucknow) and also Charge sheet dated 16.04.2023 allegedly filed against the applicants in respect of FIR No.87 of 2023 lodged under section 323, 504, 506, 427 I.P.C., at Police Station Chinhat, District-Lucknow East (Commissionerate Lucknow), on the basis of compromise verification report dated 12.12.2024, in the interest of justice. (contained as Annexure No. 1 & 2, respectively). It is further prayed that the committal proceedings in respect of the FIR No.87 of 2023 lodged under section 323, 504, 506, 427 I.P.C., at Police Station Chinhat, District Lucknow East (Commissionerate Lucknow) on 23.02.2023, which is registered as Criminal Case No. 105475/2024 "State Vs. Abhinandan Dubey Madhukar Diwedi and another", may be dropped on the basis of compromise deed dated 22.11.2024 and/or pass such others which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, so far as it relates to the applicants. Further, it is also prayed that during the pendency of the present petition, further proceedings in the Criminal Case No.105475/2024 "State Vs. Abhinandan Dubey @ Madhukar Diwedi and another" in pursuant to the Charge sheet filed in FIR No.87 of 2023 lodged under section 323, 504, 506, 427 I.P.C., at Police Station Chinhat, District Lucknow East (Commissionerate Lucknow) may kindly be stayed in respect of the applicants." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 10851 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 29.11.2024 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 12.12.2024 (Annexure No.6) 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 Criminal Case No. 105475/2024, detailed 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 :- 21.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench