RAMESH VERMA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/967/2025 · 2025-02-04
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 121212 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 121212 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7143 Court No. - 12 Case :- APPLICATION U/S 482 No. - 967 of 2025 Applicant :- Ramesh Verma And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vivek Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Kuldeep Dubey, Advocate has filed Vakalatnama on behalf of opposite party No. 2 in the Court today, 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 perused the record. The present application has been filed for the following main reliefs:-
"For the facts, reasons and circumstances as stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Charge sheet No. 01/2020 dated 28.02.2020 as well as entire criminal proceeding of the SC/ST Case No. 73/2020 Computer No. 242/2020 Case Crime No. 05//2020 U/S 323/504/506/427 I.P.C. & 3(1) (Da/Dha) SC/ST Act P.S. Aliganj District Ambedkar Nagar "State Vs. Jiya Lal Verma and others" pending in the court of Special Judge SC/ST Act Ambedkar Nagar, in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the entire proceeding of SC/ST Case No. 73/2020 Computer No. 242/2020 Case Crime No. 05//2020 U/S 323/504/506/427 I.P.C. & 3(1) (Da/Dha) SC/ST Act P.S. Aliganj District Ambedkar Nagar "State Vs. Jiya Lal Verma and others" pending in the court of Special Judge SC/ST Act Ambedkar Nagar, during pendency of the petition, in the interest of justice." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 10750 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 21.12.2024 (Annexure No. 4) 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. 05//2020, 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 :- 4.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench