Neutral Citation No. - 2025:AHC-LKO:9547 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2093 of 2023 Applicant :- Hari Nayan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Govt. Of U.P. Civil Sectt Lko. And Another Counsel for Applicant :- Anil Kumar Sharma,Kushboo Singh Counsel for Opposite Party :- G.A.,Madhav Srivastava,Madhusudan Srivastava,Pratyush Anand Hon'ble Saurabh Lavania,J. 1. The applicant and the opposite party no. 2 are present before this Court, who have been identified by Ms. Kushboo Singh and Shri Anil Kumar Sharma, and Shri Madhusudan Srivastava, Advocate(s), appearing for the said parties. 2. Heard learned counsel for the parties. 3. The present application has been filed with a prayer to quash the entire proceedings of Case No. 14315 of 2021, State Vs. Hari Nayan, arising out of Case Crime No. 147 of 2018, under Sections 406, 420, 504, 506 I.P.C., Police Station Wazeerganj, District Lucknow pending in the court of learned Special A.C.J.M., C.B.I. (A.P.), Lucknow, 4. It appears from the record including the FIR No. 147 of 2018 lodged on 15.04.2018 at Police Station Wazeerganj, District Lucknow, under Sections 406, 420, 504, 506 I.P.C. that on account of non- payment of 11,00,000/-, the same was lodged. ₹ 5. Undisputedly, a cheque no. 20375995931 of 4,00,000/- drawn by ₹ the applicant in favour of opposite party no. 2 on 23.12.2019 has been encashed by opposite party no. 2. 6. It further appears from the record particularly the order dated 31.01.2025 that an amount to the tune of ₹ 5,00,000/- through DD No. 925334 was provided to the opposite party no. 2. 7. Today, before this Court, a DD No. 734703 dated 11.02.2025 of ₹ 2,10,000/- has been handed over to opposite party no. 2 and receiving of same is taken on record. 8. Learned counsel for the parties in aforesaid background of the case stated that the dispute which in fact was civil in nature has been settled and in view of the same pending proceedings in issue are liable to be quashed. 9. The applicant and the opposite party no. 2, present before this Court, identified by their respective counsels, also stated that the presnt application be decided in view of the settemnt arived between the parties according to which the entire amount has been paid. 10. 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. 147 of 2018 , quoted above, are hereby quashed qua the applicant. 11. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance forthwith. Order Date :- 13.2.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench