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2025 DAILYLAW 126258 (ALL)

MAHESH PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1889/2025 · 2025-03-03

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12700 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1889 of 2025 Applicant :- Mahesh Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Durgesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Vakalatnama filed on behalf of opposite party No(s).2 by Shri Ankit Kumar Trivedi, Advocate, is taken on record. Heard learned counsel for the applicant(s), learned AGA for the State of U.P. as well as learned counsel for the opposite party No(s).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 this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No. 80974 of 2023; State Vs. Mahesh Pratap Singh; arising out of Charge Sheet No. 01 of 2020 dated 16.09.2020 in pursuance of Case Crime No. / First Information Report No. 219 of 2020, Under Section 323, 504, 506, 498-A I.P.C, relating to Police Station P.G.I., District Lucknow pending before Learned Chief Judicial Magistrate, Lucknow (contained as Annexure No.1) on the basis of compromise dated 03.12.2024 (Contained as Annexure No. 3) which has been verified by the Learned Trial Court vide order dated 24.12.2024 (contained as Annexure No. 5), in the interest of law and justice." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No.11284 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 12.12.2024 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 24.12.2024 (Annexure No.5) 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 Criminal Case No.80974 of 2023; State Vs. Mahesh Pratap Singh; arising out of Charge Sheet No.01 of 2020 dated 16.09.2020 in pursuance of Case Crime No. / First Information Report No. 219 of 2020, Under Sections 323, 504, 506, 498-A I.P.C, relating to Police Station P.G.I., District Lucknow, pending before Learned Chief Judicial Magistrate, Lucknow, quoted above, are hereby quashed qua the applicant. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 3.3.2025/ML Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench