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2025 DAILYLAW 122416 (ALL)

ANKIT SINGH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1187/2025 · 2025-02-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8349 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1187 of 2025 Applicant :- Ankit Singh And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Kushendra Kumar Singh Rathour Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Ms. Sapna Singh, Advocate, has put in appearance for the private opposite party no. 2 and has filed her Vakalatnama, which is taken on record. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. The instant application has been filed for the following main relief:- "to quash and setting aside the impugned summoning order dated 05-07- 2023 passed by the Additional Chief Judicial Magistrate 2nd Court No- 26 Lucknow in case No- 73084 of 2023 in:re case crime no- 420 of 2022 under section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act Police Station - Aliganj District- Lucknow and also set aside the Charge sheet bearing its No- 01/2022 dated 31-12-2022 in:re case crime no- 420 of 2022 under section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act Police Station -Aliganj District- Lucknow against applicant on the basis of the compromise as the applicant and the victim decide to live separately with the condition mentioned in the compromise deed and as such no dispute remains between them to be decided by the Hon'ble Court, and no dispute remains between them to be decided by the Hon'ble Court." It appears that after considering the facts of the case and the submissions made by the learned counsel for the applicants including the dispute between the parties and the offence against the applicants, this Court vide order dated 10.01.2025 passed in APPLICATION U/S 482 No. 192 of 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 18.01.2025 (Annexure No. 6) that the A.C.J.M, II, Court No. 26, Lucknow 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. 420 of 2022, 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 forthwith. Order Date :- 10.2.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench