KUSHAGRA KANT SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DETT. OF HOME LKO AND ANOTHER
A482/2027/2025 · 2025-03-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126517 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126517 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13240 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2027 of 2025 Applicant :- Kushagra Kant Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Dett. Of Home Lko And Another Counsel for Applicant :- Shubhankar Singh,Abhishek Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Vakalatnama filed on behalf of opposite party No. 2 by Shri Anilesh Tiwari, Advocate, is taken on record. Heard learned counsel for the applicant, learned AGA for the State of U.P. as well as learned counsel for the opposite party No. 2 and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief (s):-
"That therefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the chargesheet dated 21.11.2022 along with the summoning order dated 08.09.2023 in Case No. 11946 of 2023 (State of U.P. v Mahipal Singh and Others) which is pending before the Court of Learned Chief Judicial Magistrate, Faizabad, in connection with Case Crime No. 0627 of 2022, dated 03.09.2022 in Police Station Kotwali Nagar, District- Ayodhya, against the applicants under section 323, 504, and 506 of the Indian Penal Code, 1860." It appears that after considering the averments made in the Transfer Application No.277 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 25.01.2024 referred the matter to the Mediation and Conciliation Center of this Court so as to carve out possibility of amicable settlement of dispute between the parties. It also appears that in compliance of order of this Court dated 25.01.2024, a SETTLEMENT AGREEMENT has entered into between (Richa Singh), daughter of applicant No.3 and sister of applicant Nos. 1 and 2 and son of opposite party No.2 on 31.07.2024 thereby indicating 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. 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 Case No.11946 of 2023 (State of U.P. v Mahipal Singh and Others), pending before the Court of Learned Chief Judicial Magistrate, Faizabad, arising out of Case Crime No.0627 of 2022, Police Station Kotwali Nagar, District- Ayodhya, quoted above, are hereby quashed qua the applicants in terms of settlement. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 4.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench