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2025 DAILYLAW 120505 (ALL)

REKHA SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/840/2025 · 2025-03-03

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12652 Court No. - 12 Case :- APPLICATION U/S 482 No. - 840 of 2025 Applicant :- Rekha Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohd Fahim,Ashhad Ali Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard. 2. On 07.02.2025, the following order was passed: "Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief (s):- "Wherefore, it is most respectfully prayed that the Hon'ble court may kindly be pleased to quash the impugned charge sheet no. 01 dated 25-10-2021 registered as Case No. 29955/2023, Case Crime No. 548/21 under section 420/406/120B Indian Penal Code, Police Station Vibhuti Khand, District-Lucknow, name and style as State Versus Rekha Singh and others as well as the impugned cognizance cum summoning order dated 29-03-2023 passed by Chief Judicial Magistrate, Lucknow in case No.29955/2023, Case Crime No. 548/2021 under section 420,406,120B IPC, Police Station- Vibhuti Khand, District- Lucknow, pending before the Court of Learned A.C.J.M.-7, Lucknow. It is further prayed that the Hon'ble Court may kindly be pleased to stay the proceeding of impugned Case No. 29955/2023, Case Crime No.548/21 under section 420/406/120B Indian Penal Code, Police Station- Vibhuti Khand, District- Lucknow, name and style as State Versus Rekha Singh and others pending before the Court of Learned A.C.J.M.-7, Lucknow, during the pendency of present application." Issue notice to the opposite party No.2 through S.H.O., Police Station - Vibhuti Khand, District - Lucknow. Learned A.G.A. shall communicate this order to the S.H.O. concerned for ensuring compliance of the order. List this case on 3rd March, 2025. On the next date of listing, both the parties shall appear in person. Prima facie, from the facts, it appears that the dispute is of civil nature related to agreement to sale dated 17.02.2021 has already been settled between the parties and in this view of the matter, this Court finds that the interim protection is required. Accordingly, till the next date of listing, the proceedings in issue, shall remain stayed qua the applicants." 3. Sri Alok Kumar Mishra, Advocate, who appeared for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record. based upon instructions received from the private opposite party no. 2, who is also present before this Court, stated that the amount in dispute i.e. 7,00,000/- has already been provided to the ₹ opposite party no. 2 and accordingly, presently, there is no dispute between the parties. 4. 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. 548/21, quoted above, are hereby quashed qua the applicants. 5. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance forthwith. Order Date :- 3.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench