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2025 DAILYLAW 126481 (ALL)

PRAVESH KUMAR, THRU. HIS FATHER SRI PHOOL CHANDRA v. STATE OF U.P., THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

A482/2272/2024 · 2025-01-17

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3187 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2272 of 2024 Applicant :- Pravesh Kumar, Thru. His Father Sri Phool Chandra Opposite Party :- State Of U.P., Thru. The Prin. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Vinay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Shri Rajeev Yadav, Advocate, has put in appearance on behalf of opposite party nos.2 and 3 by way of filing his Vakalatnama, which is taken on record. 2. Heard Ms. Jagriti Bardhan Rao, Advocate, holding brief of Shri Vinay Kumar Tiwari, learned counsel for the applicant, learned Counsel for opposite party nos.2 and 3, learned A.G.A. for the State and perused the material available on record. 3. The present application under Section 482 Cr.P.C. now Section 528 Bharatiya Nagrik Suraksha Sanhita (in short "BNSS") has been filed seeking the following relief. "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No.30 of 2023; State Versus Pravesh Kumar, arising out of Case Crime No.273 of 2022, under sections-308, 323, 504 I.P.C., relating to Police Station- Katra Bazar, District- Gonda, pending in the Court of learned Juvenile Justice Board, Gonda, as well as impugned chargesheet dated 15.9.2022, submitted against the petitioner, under sections- 308, 323, 504 I.P.C., by the Investigating Officer in aforesaid case crime number, as contained in Annexure no.1 to the instant petition, in the light of compromise, attained between the parties, in the interest of law and justice." 4. It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No.3362 of 2023 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 10.04.2023 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties. 5. It appears from the order dated 12.10.2023 (Annexure No.9) 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. 6. 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 FIR/Case Crime No.273 of 2022 (Supra), indicated in the prayer, quoted above, are hereby quashed. 7. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 17.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench