ADITYA KUMAR RAI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/1411/2025 · 2025-02-14
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123815 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123815 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:9632 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1411 of 2025 Applicant :- Aditya Kumar Rai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Amrendra Nath Tripathi,Akash Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Alok Kumar Tripathi, Advocate has filed Vakalatnama on behalf of opposite party No. 2 in the Court today, which is taken on record. Heard learned counsel for the applicants, learned counsel for opposite party No. 2, learned AGA for the State of U.P. and perused the record. The present application has been filed for the following main relief:-
"(i) Issue an order or directions for quashing of the impugned Social Investigation Report No. 01/2021, dated 27.12.2021 (contained herein as Annexure No. 1) submitted by Investigating Officer/ Child Welfare Police Officer, under Section 13(1)(ii) of Juvenile Justice (Care & Protection of Children) Act, 2015, in Case Crime No. 0483 of 2021, under sections 379, 411, 406, 420, 467, 468 and 471 of I.P.C., Police Station Gudamba, District Lucknow and the impugned summoning order passed by the Court of Juvenile Justice Board, Lucknow, dated 06.01.2022 (contained herein as Annexure No. 2) taking the cognizance and summoning the Applicant and also entire proceeding of the Case No. 06 of 2022 currently pending before the Court of Juvenile Justice Board, Lucknow, on the basis of the compromise dated 16.01.2025 which was verified by the Court of Juvenile Justice Board, Lucknow vide order dated 10.02.2025 (Annexure No. 8); (ii) Stay the effect, operation, and implementation of the impugned summoning order passed by the Court of Juvenile Justice Board, Lucknow, dated 06.01.2022 (contained herein as Annexure No. 2) and further stay the proceedings of the Case No. 06 of 2022 currently pending before the Court of Juvenile Justice Board, Lucknow arising out of Case Crime No. 0483 of 2021, Under sections 379, 411, 406, 420, 467, 468 and 471 of I.P.C., Police Station - Gudamba, District -Lucknow, during pendency of the instant Application otherwise the Applicant would suffer an irreparable loss and injury." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 1006 of 2025 and the documents in support thereof as also the
submissions made by the learned counsel for the applicants, this Court vide
order dated 05.02.2025 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 10.02.2025 (Annexure No.8) that the court concerned 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 in issue 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 :- 14.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench