Javed Ahmad @ Javed and 3 others v. State of U.P. thru its principal sec. deptt. of home and another and
A482/1133/2025 · 2025-02-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122328 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122328 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:9133 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1133 of 2025 Applicant :- Javed Ahmad @ Javed And 3 Others Opposite Party :- State Of U.P. Thru Its Principal Sec. Deptt. Of Home And Another And Counsel for Applicant :- Sajjad Husain Counsel for Opposite Party :- G.A.,Mohd. Saud Khan Hon'ble Saurabh Lavania,J. 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:-
"Wherefore it is humbly prayed May this Hon'ble Court be pleased to quash the entire proceedings of ST No. 110 of 2017( State Government Vs Kurban & Ors) registered as CNR No. UPBB010023332017 arising out of Case Crime No. 86/2017 U/s 323,504,506,452,308,324,325,304,147 & 148 IPC Police Station Dewa District-Barabanki, pending before Addl. District and Sessions Judge Barabanki on the basis of Compromise Verification Report dated 27.01.2025 prepared by learned Trial Court, on the respective direction of the Hon'ble High Court passed in APPLICATION U/S 482 No. -11901 of 2024 (Javed Ahmad @Javed And 3 Others Vs State Of U.P. Through Its Principal Secretary And 3 Others) in the interest of justice. certified copy of the verification report along with the certified copy of the compromise deed are collectively annexed as Annexure No. 2 to this application." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 11901 of 2025 and the documents in support thereof as also the
submissions made by the learned counsel for the applicants, this Court vide
order dated 03.01.2025 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 27.01.2025 (Annexure No.2) 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 Crime No. 86/2017, 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 :- 12.2.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench