NASEEM @ NASEEM KHAN AND 4 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME, LKO. AND ANOTHER
A482/1425/2025 · 2025-02-14
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123064 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123064 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9652 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1425 of 2025 Applicant :- Naseem @ Naseem Khan And 4 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Vikas Maurya,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Shri Ambrish Kumar Maurya, holding brief of Shri Vikas Maurya, learned counsel for the applicants, learned AGA for the State of U.P. and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief (s) :-
"It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application and quash the entire proceedings of S.T. No. 72 of 2005 (State Vs. Naseem @Naseem Khan and others) and Charge Sheet No. 26/2001 dated 27.05.2001 under Section 147, 323, 504, 506, 427, 435 LP.C. and 3(1)(X) SC/ST Act, Police Station Kurebhar, District Sultanpur as well as Cognizance and Summoning order dated 16.07.2001 arising out of the Case crime No. 03 of 2001 Police Station Kurebhar, District Sultanpur now pending before the court of learned Special Court SC/ST, Sultanpur and all consequential proceeding there on in the interest of justice." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No.7153 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 25.09.2024 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 03.10.2024 (Annexure No.10) 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. No.72 of 2005 (State Vs.
Naseem @ Naseem Khan and others) arising out of Charge Sheet No.26/2001, dated 27.05.2001, relating to Case Crime No.03/2001, under Sections 147, 323, 504, 506, 427, 435 I.P.C. and 3(1)(X) SC/ST Act, Police Station Kurebhar, District Sultanpur, pending before the Court of learned Special Court SC/ST Act, Sultanpur, quoted above, qua the applicants, namely Naseem @ Naseem Khan, Saheem @ Saheem Khan, Chandra @ Chaad Babu, Musheer and Noor Mohammad, are hereby quashed. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 14.2.2025/ML Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench