VIKAS KUMAR TIWARI @ VIKAS TIWARI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/604/2025 · 2025-01-23
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119106 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119106 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:4358 Court No. - 12 Case :- APPLICATION U/S 482 No. - 604 of 2025 Applicant :- Vikas Kumar Tiwari @ Vikas Tiwari And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Prashant Tiwari, 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 stated in the accompanying Affidavit, this Hon'ble court may kindly be pleased to quash the entire criminal proceeding of (State Versus Vikas Tiwari & Others) Criminal case No.7074/2023 (State Versus Vikas Tiwari & Others) pending in the court of Civil Judge (Junior Dvision)/Judicial magistrate, Shrawasti, initiated against the petitioners in pursuance of the impugned charge sheet dated 08.01.2023 arising out of Case Crime No.42/2022, Under Sections-498A 323 IPC and 3/4 DP Act Police Station -Bhinga Mahila Thana District. Shrawastias well as cognizance/summoning
order dated 13.09.2023 passed by Civil Judge (Junior Dvision)/Judicial magistrate, Shrawasti, in Criminal Case No-7074/2023. In terms of the compromise deed dated 06.11.2024 and its verification report/order dated 21.12.2024 prepared by Civil Judge (Junior Division)/Judicial magistrate, Shrawasti, as contained in Annexure No.1 and 2 to this Petition. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding initiated against the petitioners in Criminal case No.7074/2023 (State Versus Vikas Tiwari & Others) pending in the court of Civil Judge (Junior Dvision)/Judicial magistrate, Shrawasti, initiated against the petitioners in pursuance of the impugned charge sheet dated 08.01.2023 arising out of Case Crime No.42/2022, Under Sections- 498A Manila Thena 323 IPC and 3/4 DP Act Police Station -Bhingal Mahila Thana District-Shrawasti as well as cognizance/summoning order dated 13.09.2023 passed by Civil Judge (Junior Division)/Judicial Magistrate, Shrawasti, in Criminal Case No- 7074/2023 (State Versus Vikas Tiwari & Others) during the pendency of this Petition." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 10552 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 22.11.2024 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 21.12.2024 (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- 7074/2023, 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 :- 23.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench