SHIVAM VERMA ALIAS SHIVAM CHAUDHARY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 2 OTHERS
A482/1822/2025 · 2025-03-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125821 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125821 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14071 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1822 of 2025 Applicant :- Shivam Verma Alias Shivam Chaudhary Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 2 Others Counsel for Applicant :- Ramkripal Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Supplementary affidavit filed by the applicant in Court today is taken on record. Sri Ram Singh and Sri Avadhesh Kumar, Advocates, have put in appearance for the private opposite party no. 2 and has filed Vakalatnama, which is taken on record. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. The instant application has been filed for quashing the charge-sheet no.01 dated 13.09.2023 arising out of F.I.R No. 373/2023, bearing Criminal Case No. 313/2024 under Sections 363, 366 I.P.C., P.S.- Gazipur, District- Lucknow pending before the Court of A.D.J.- IX, District- Lucknow and the summoning order dated 16/10/2023 passed by the trial Court against the petitioner. It is stated that a perusal of the statement of opposite party no.2/victim recorded in terms of Section(s) 161 and 164 Cr.P.C. would show that she, on her own volition, accompanied the applicant. It is also stated that this Court, vide order dated 06.11.2024 passed in APPLICATION U/S 482 No. 4825 of 2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties.The order dated 06.11.2024 reads as under:-
"Hon'ble Rajeev Singh,J.
1. Vakalatnama filed by Mohd. Suhail, Advocate on behalf of opposite party no.2 is taken on record. Second supplementary affidavit filed today is also taken on record. 2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 3. The instant application has been filed for quashing the charge- sheet no.01 dated 13.09.2023 arising out of F.I.R No. 373/2023, bearing Criminal Case No. 313/2024 under Sections 363, 366 I.P.C., P.S.- Gazipur, District- Lucknow pending before the Court of A.D.J.- IX, District- Lucknow and the impugned summoning order dated 16/10/2023 passed by the trial Court against the petitioner. 4. Learned counsel for the applicant submits that both the parties have amicably compromised their dispute.
The compromise which has taken place between the parties is also filed before this Court as Annexure No. S.A.-1 of the supplementary affidavit filed today. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 6. Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. 7. The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings. 8. For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case. 9. Office is directed to return the original compromise deed to the
learned counsel for the applicant, after taking the photocopy of the same." It is also stated that it appears from the order dated 14.11.2024 (Page- 47 of paper-book) 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 F.I.R No. 373/2023, 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 forthwith.
Order Date :- 7.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench