ASHUTOSH VERMA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2067/2025 · 2025-03-06
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126951 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126951 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:13683 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2067 of 2025 Applicant :- Ashutosh Verma And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mayankar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Mrinal Rai and Mrs. Rizvi Rai, Advocate, have put in appearance for the private opposite party no. 2 and has filed 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 present application under Section 482 Cr.P.C. has been filed for the following main relief:-
"The Petitioners named above most respectfully begs to submit that for the
facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the impugned Charge-sheet No. 01/2024, dated 11.06.2024, under section- 406, 419, 420 of I.P.C. and section-3(2) (va) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989, Police Station Wazirganj, District- Lucknow (West Commissionerate), and impugned summoning order dated 07.12.2024 passed by Learned Special Judge SC/ST Act, Lucknow as well as to quash the entire proceedings of Session Case No. 2769/2024 "State of U.P. Vs. Ashutosh Verma & Others", arising out of Case Crime No. 0065/2024, under section- 406, 419, 420 of I.P.C. and section-3(2) (va) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989, Police Station-Wazirganj, District- Lucknow (West Commissionerate)" 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 06.02.2025 passed in APPLICATION U/S 482 No. 1118 of 2025 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 14.02.2025 (Annexure No. 5) that the Special Judge, S.C./S.T. Act, Lucknow 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. 0065/2024, quoted above, are hereby quashed qua the applicants.
Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance forthwith.
Order Date :- 6.3.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench