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2025 DAILYLAW 126524 (ALL)

NITIN BHATIA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/1936/2025 · 2025-03-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12861 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1936 of 2025 Applicant :- Nitin Bhatia Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shamshad Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Mohd. Naeem, Advocate, has put in appearance for the private opposite party no. 2 and has filed his 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 dated 05.03.2020 filed in Case Crime No.412 of 2019, under Sections 406, 420 I.P.C., Police Station Hazratganj, District Lucknow as well as summoning order dated 16.03.2020 passed by Chief Judicial Magistrate, Lucknow in Criminal Case No.30857 of 2020 (State Vs. Nitin Bhatia). It appears that after considering the facts of the case and the submissions made by the learned counsel for the applicants including the dispute between the parties and the offence against the applicants, this Court vide order dated 24.08.2023 passed in APPLICATION U/S 482 No. 8447 of 2023 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 17.02.2025 (Annexure No. 8) 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 Case Crime No.412 of 2019, 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 forthwith. Order Date :- 4.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench