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2025 DAILYLAW 123035 (ALL)

SYED BAQAR RIZVI @ BAKAR MASHHADI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1316/2025 · 2025-02-12

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9172 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1316 of 2025 Applicant :- Syed Baqar Rizvi @ Bakar Mashhadi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shamshad Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Vakalatnama filed on behalf of opposite party No.2 by Shri Mohd. Naeem, Advocate is taken on record. Heard learned counsel for the applicants, learned AGA for the State of U.P. as well as learned counsel for the opposite party No.2 and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "Wherefore it is most respectfully prayed that the Hon'ble Court may kindly be pleased to set aside/quash the entire criminal proceeding of S.T. Case No.2474/2024, "State Vs. Syed Wakar Mashadi & another" arising out of case crime no. 372 of 2014, under section-306 IPC, Police Station Sahadatganj, District-Lucknow, is pending before learned Additional Session judge Court No.18 Lucknow, along with impugned charge sheet no.85 of 2016, dated 30.05.2016 as well as summoning order dated 04.07.2016 passed by A.C.J.M. IIIrd, Lucknow, on the basis of compromise dated 30.05.2023, contained as Annexure No.1 & 2 to this petition, in the interest of justice." It is stated that wife of the applicant No.1 had committed suicide on 24.10.2014 in the house of her parents. It is also stated that the marriage between the applicant no.1 and the deceased was solemnized as per Muslim rites and rituals on 17.09.2013. It is also submitted that the opposite party No.2 made a written complaint at Police Station Saadatganj, District Lucknow, which was registered as Case Crime No.0372/2014, under Section 306 I.P.C. and according to the F.I.R. the deceased committed suicide on account of ill treatment by the applicants and other family members. After completion of the investigation, charge sheet was filed only against the applicant No.1 and 2, husband and sister-in-law of the deceased. It is stated that till date no witness has been examined. It is also submitted that during pendency of the criminal proceedings in issue the opposite party No.2 came to know that suicide was not committed on account of ill treatment of the applicants or their family members and therefore taking note of the same as also the fact that the deceased committed suicide in the house of her parents, approached this Court for quashing of the criminal proceedings on the basis of the compromise between the parties and this Court upon due consideration of the facts of the case in Application U/S 482 No.2869 of 2024, passed the following order dated 29.03.2024, which reads as under:- "Shri Haseen Abbas, Advocate, has filed his vakalatnama on behalf of opposite party No. 2, alongwith counter affidavit on his behalf, today in Court, which is taken on record. Shri S Malik E Ashtar Rizvi, the learned counsel for the applicants, after some arguments, submits that the parties have entered into compromise outside the court and he does not want to press this application at this stage and is confining his prayer to the extent that a positive direction be given to the court below that if applicants file compromise application before it, the same may be verified by the court below at the earliest. Learned A.G.A. for the State-opposite party No. 1 as well as Shri Haseen Abbas, the learned counsel for the opposite party No. 2 have no objection. Accordingly, the present application is finally disposed of with a direction to the court below that if any compromise application is filed by the applicants before it, the same may be verified without any further delay. Certified copies annexed with this application be returned to the learned counsel for the applicants after keeping photostat of the same on the record. " It appears from the order dated 30.01.2025 (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 of S.T. Case No.2474/2024, "State Vs. Syed Wakar Mashadi & another" arising out of case crime no. 372 of 2014, under section-306 IPC, Police Station Sahadatganj, District-Lucknow, pending before learned Additional Session Judge, Court No.18, Lucknow, 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 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench