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2025 DAILYLAW 122459 (ALL)

SHASHANK GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1207/2025 · 2025-02-10

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8304 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1207 of 2025 Applicant :- Shashank Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sanjay Kumar Rao Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Vakalatnama filed by Sri Kanhaiya Lal Sharma, learned counsel on behalf of opposite party no. 2 is taken on record. The present application under Section 482 Cr.P.C. (now Section 528 B.N.S.S.) has been preferred for quashing of the entire criminal proceedings initiated by the impugned chargesheet dated 02.05.2023 filed in FIR/case crime no. 738/2022, under Sections 419, 420, 409, 504 & 506 IPC at Police Station Vibhutikhand, District Lucknow including the summoning order dated 07.07.2023 passed in Case No. 73990/2023 (State vs. Pankaj Thakur and Anr.), pending in the court of C.J.M, Lucknow. Learned counsel for the applicant has submitted that during the pendency of the trial, a compromise has been entered into between the parties on 18.11.2024, which has been verified by the learned trial court by its order dated 16.01.2025. The copy of the order dated 16.01.2025 has been enclosed as Annexure No. 6 to the present application. Sri Anuj Kumar Verma, learned counsel, holding brief of Sri Kanhaiya Lal Sharma, learned counsel for the opposite party no. 2 has submitted that the compromise has been entered into between the parties and it has been verified by the trial court and the parties are now having no complaint between them. Considering the aforesaid facts as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, 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 as also taking note of 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 initiated in pursuance of the impugned chargesheet dated 02.05.2023 filed in FIR/case crime no. 738/2022, under Sections 419, 420, 409, 504 & 506 IPC at Police Station Vibhutikhand, District Lucknow including the summoning order dated 07.07.2023 passed in Case No. 73990/2023 (State vs. Pankaj Thakur and Anr.), are hereby quashed. OfÏce/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 10.2.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench