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2025 DAILYLAW 122661 (ALL)

SMT. SALIYA JAMAL AND 4 OTHERS v. THE STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/1270/2025 · 2025-02-11

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8875 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1270 of 2025 Applicant :- Smt. Saliya Jamal And 4 Others Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Mohd. Vakar Khan,Mohd. Imran Khan Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Shri Mohd. Imran Khan, Advocate has filed his vakalatnama on behalf of respondent nos. 2 and 3, which is taken on record. The present case has been filed under Section 482 Cr.P.C. now under Section 528 of B.N.S.S. with the following main reliefs:- " to quash the impugned charge sheet dated 10.04.2018 arising out of Case Crime No. 418/2017, Under Sections 147, 452, 323, 504 & 506 I.P.C., pertaining to Police Station- Thakurganj, District- Lucknow as well as the impugned cognizance/summoning order dated 22.11.2019 passed by the learned Additional Civil Judge (S.D.), Court No-24 Lucknow in Criminal Case No. 90244 of 2019 "State Vs. Saliya Jamal & Others" including the entire consequential proceedings thereof, in terms of compromise dated 23.10.2024, as contained in Annexure No. 1&2 to this application." Learned counsel for the respective parties have submitted that a compromise dated 23.10.2024 entered into between the parties has been verified by the learned trial court by its order dated 17.01.2025 in pursuance of the order of this Court dated 11.12.2024 passed in Application U/S 482 No. 11242 of 2024. Learned Counsel for the respondent nos. 2 and 3 has submitted that he has no grudge or grievance against the present applicant now. It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 11242 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 11.12.2024 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 17.01.2025 (Annexure No.6) 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, quoted above, are hereby quashed as far as it is related to the 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 :- 11.2.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench