SACHENDRA KUMAR TIWARI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/1346/2025 · 2025-02-13
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123451 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123451 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9405 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1346 of 2025 Applicant :- Sachendra Kumar Tiwari And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anoop Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. The present application has been filed for the following main relief:-
"The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the entire criminal proceeding of Case NO. 44820 / 2020 "State Vs Sachendra Kumar Tiwari and others" arises out of case crime NO. 836 / 2019, U/s 323, 504, 427 I.P.C., P/s Madiyaon, District - Lucknow on the basis of compromise between the parties on 30.11.2024, and same was verified by the Learned Trial Court on 15.01.2025, in the interest of justice. It is further prayed that this Hon'ble Court may kindly also be pleased to stay the further entire criminal proceeding of case NO. 44820/2020 "State of U.P. Vs Sachendra Kumar Tiwari and others" arises out of case crime NO. 836/2019, U/s 323, 504, 427 I.P.C., P/s Madiyaon, District Lucknow, during the pendency of this petition in the interest of justice." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 11853 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 20.12.2024 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 15.01.2025 (Annexure No.4) 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 arising out of Case No. 44820/2020, 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.
Order Date :- 13.2.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench