SUJEET KUMAR AND 3 OTHERS v. THE STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER
A482/942/2025 · 2025-04-07
Manish Kumar
body2025
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[ 2025 DAILYLAW 121189 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121189 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19523 Court No. - 14 Case :- APPLICATION U/S 482 No. - 942 of 2025 Applicant :- Sujeet Kumar And 3 Others Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Rama Niwas Pathak Counsel for Opposite Party :- G.A.,Komal Chaurasia,Sudhir Kumar Pandey Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants, learned counsel for the respondent no. 2 as well as learned A.G.A for the State. 2. The present application under Section 482 Cr.P.C. /528 of B.N.S.S. has been filed with a prayer to quash the entire proceedings initiated against the petitioners in pursuance of the impugned charge sheet dated 22.1.2021 as well as summoning order dated 16.4.2021 passed by learned Chief Judicial Magistrate-Faizabad in Criminal Case No.3089/2021 (State Versus Suresh Shukla & Others) arising out of Case Crime No.415/2020, under sections- 406, 420 IPC, Police Station-Raunahi, District-Faizabad/Ayodhya in terms of the verified compromise deed dated 8.5.2024 as well as its verification report dated 20.11.2024 in the interest of justice (as contained in Annexure No.1&2 respectively to this petition); with a further prayer to stay the further proceedings of initiated against the petitioners in pursuance of the impugned charge sheet dated 22.1.2021 as well as summoning order dated 16.4.2021 passed by learned Chief Judicial Magistrate-Faizabad in Criminal Case No.3089/2021 (State Versus Suresh Shukla & Others) arising out of Case Crime No.415/2020, under sections- 406, 420 IPC, Police Station-Raunahi, District- Faizabad/Ayodhya, during pendency of the instant petition
3. Learned counsel for the respective parties have submitted that a compromise dated 08.05.2024 (Annexure No. 5) entered into between the parties has been verified by the learned trial court by its order dated 20.11.2024 (Annexure No. 6) in pursuance of the order of this Court dated 21.05.2024 (Annexure No. 4) passed in Application U/S 482 No. 4621 of 2024. 4. Learned Counsel for the respondent no. 2 has submitted that he has no grudge or grievance against the present applicants now. 5. It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 4621 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 21.05.2024 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 20.11.2024 that the trial court has verified the compromise. 6. 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. 7. Accordingly, present application is allowed. Consequently, the entire proceedings, quoted above, are hereby quashed as far as it is related to the the applicants. 8. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 7.4.2025/DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench