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2025 DAILYLAW 127855 (ALL)

GIRISH RAMDULAR VERMA v. STATE OF U.P. THRU. SECY. HOME, LKO. AND 2 OTHERS

A482/2223/2025 · 2025-04-25

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23969 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2223 of 2025 Applicant :- Girish Ramdular Verma Opposite Party :- State Of U.P. Thru. Secy. Home, Lko. And 2 Others Counsel for Applicant :- Neha Singh,Ajit Shukla Counsel for Opposite Party :- G.A.,Raj Kumar Vishwakarma,Ram Lakhan Vishwakarma,Sumer Chandra Hon'ble Manish Kumar,J. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. The present application has been filed by the applicants for the following main relief(s):- "(i) To quash the impugned Non-bailable warrant as well as proclamation order dated 17.01.2025 issued under section 82 of Cr.P.C. against the petitioner no. 1 by learned Additional Chief Judicial Magistrate (A.P.), Lucknow in Case Crime No 0518/2021 under section 409,323,504 and 506 of I.P.C P.S. Ashiyana, District -Lucknow, which is contained in Annexure No. 1, in the interest of justice. (ii) To quash the entire proceeding of Case Crime No 0518/2021 under section 409,323,504 and 506 of I.P.C P.S.- Ashiyana, District -Lucknow, which is pending in the court of learned Additional Chief Judicial Magistrate (A.P.), Lucknow, in the interest of justice." It appears that on the basis of the submissions made by the learned counsel for the parties, this Court vide its order dated 02.04.2025 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. The same is quoted hereinbelow:- "Shri Ram Lakhan Vishwakarma, Shri Raj Kumar and Shri Sumer Chandra, Advocates have filed vakalatnama on behalf of respondent no. 3, which is taken on record. Learned counsel for the applicant has submitted that the applicant has prepared the draft in favour of Shri Rajendra Shukla- respondent no. 3, as directed by this Court vide its order dated 17.03.2025. Shri Rajendra Shukla- respondent no. 3 is present before this Court in person, who has been identified by his counsel Shri Sumer Chandra, Advocate. Applicant who is also present before this Court also identifies that the present person is Shri Rajendra Shukla- respondent no. 3. Learned counsel for the applicant submits that the draft prepared may be handed over to respondent no. 3 before this Court. Learned counsel for the applicant is permitted to handover the draft to Shri Rajendra Shukla-respondent no. 3. Draft is handed over to Shri Rajendra Shukla-respondent no. 3. The applicant and respondent no. 3, who are present in the Court have jointly submitted that there are chances of amicable settlement between the parties so the matter may be referred to the Mediation and Conciliation Centre of this Court for mediation. On the request of learned counsel for the parties, the matter is referred to the Mediation and Conciliation Centre of this Court. The applicant and the respondent no. 3 are directed to appear before the Mediation and Conciliation Centre of this Court on 09.04.2025 at 11.A.M. for resolving the dispute between them. The Mediation and Conciliation Centre of this Court is expected to submit its report within a period of two weeks which will be effective from the first date fixed for appearance of the parties before the Mediation and Conciliation Centre. Office is directed to submit the mediation report by the next date of listing. List this case in the week commencing 25.04.2025, as fresh. Interim order, if any, shall continue till the next date of listing." An F.I.R. dated 18.12.2021 has been lodged by respondent no.3 against the applicant and two other accused persons under Sections 406,323,504 and 506 IPC, alleging therein against the applicant and two other accused persons had taken money from respondent no.3/complainant for the purpose of grant of tender in his favour. In the present case, this Court has passed an order on 02.04.2025 and send the matter to Mediation and Conciliation Centre of this Court It also appears that in compliance of order of this Court dated 02.04.2025, a SETTLEMENT AGREEMENT has entered into between applicant and respondent no.3/ complainant on 18.04.2025.The Mediation and Conciliation Centre has sent its report along with the settlement agreement, which is on the record. 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 settlement between the parties in the mediation proceedings as mentioned above, 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. In view of above, the present application is allowed. Consequently, the entire proceeding, quoted above, are hereby quashed as far as it is related to the applicant/Girish Ramdular Verma. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. . (Manish Kumar,J.) Order Date :- 25.4.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench