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2025 DAILYLAW 128173 (ALL)

ANUJ KUMAR VERMA v. STATE OF U.P. THRU. SECY. HOME AND ANOTHER

A482/2290/2025 · 2025-03-20

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16298 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2290 of 2025 Applicant :- Anuj Kumar Verma Opposite Party :- State Of U.P. Thru. Secy. Home And Another Counsel for Applicant :- Anil Kumar Pandey,Awadhesh Kumar Pandey Counsel for Opposite Party :- G.A.,Saket Kumar Gupta Hon'ble Manish Kumar,J. Supplementary counter affidavit filed by learned counsel for the respondent no. 2 is taken on record. The present case has been filed under Section 482 Cr.P.C./528 of B.N.S.S. with the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the judgment and order dated 29.01.2022 passed by Additional Principal Judge, Family Court 1, Barabanki in Misc. Criminal Case No. 553/2018 (Neetu Devi vs. Anuj Kumar Verma, relating to P.S.- Loni Katra, District Barabanki may kindly be quashed on the basis of verified compromise between the parties before the trial court. It is further prayed that the implementation of order dated 29.01.2022 passed by Additional Principal Judge, Family Court I, Barabanki in Misc. Criminal Case No. 553/2018 (Neetu Devi vs. Anuj Kumar Verma), relating to P.S. Loni Katra, District Barabanki may kindly be stayed during the pendency of the present petition before this Hon'ble Court." Learned counsel for the respective parties have submitted that a compromise dated 02.12.2024 entered into between the appellant and respondent no. 2 has been verified by the learned trial court by its order dated 01.02.2025 in pursuance of the order of this Court dated 22.01.2025 passed in Criminal Revision No. 168 of 2022. Learned Counsel for the respondent no. 2 has submitted that he has no grudge or grievance against the present applicant now. It appears that after considering the averments made in Criminal Revision No. 168 of 2022 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 22.01.2025 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 01.02.2025 (Annexure No.3) that the trial court has verified the compromise. 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, quoted above, are hereby quashed as far as it is related to the the applicant. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 20.3.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench