Ashish Singh and 2 others v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME AND ANOTHER
A482/1192/2025 · 2025-02-10
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122595 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122595 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8353 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1192 of 2025 Applicant :- Ashish Singh And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home And Another Counsel for Applicant :- Bhupendra Prakash,Manish Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State of U.P.as well as Shri Shailesh Kumar Baranwal and Shri Ankit Kumar, learned counsels for the opposite party no. 2. The present application has been filed seeking following main relief:
"to set aside the impugned Charge sheet dated 10-6-20 filed in Case Crime No. 0147 of 2020, under sections 323, 498-A I.P.C. & 3/4 of D.P. Act, Police Station- Kotwali, District Barabanki, further prayed that this Hon'ble Court be pleased to set aside the entire proceeding of Case Crime No. 0147 of 2020, under sections 323, 498-A LP.C. & 3/4 of D.P. Act, Police Station- Kotwali, District Barabanki pending before the Learned Court of C.J.M, Barabanki as those legally barred by exercising the inherent power as provided to this Hon'ble Court under section 482 Cr.P.C. in the interest of justice." 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 09.10.2023 passed in APPLICATION U/S 482 No. 148 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 20.01.2025 (Annexure No. 2) that the C.J.M., Barabanki 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. 0147 of 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 forthwith.
Order Date :- 10.2.2025 Mohit Singh/- e-court Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench