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2025 DAILYLAW 128351 (ALL)

VIRENDRA @ VIRENDRA KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER

A482/2360/2025 · 2025-03-12

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Neutral Citation No. - 2025:AHC-LKO:15529 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2360 of 2025 Applicant :- Virendra @ Virendra Kumar And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Vinay Kumar Verma,Neetesh Kumar,Vinay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Ms. Anupurna Devi, Advocate has put in appearance on behalf of opposite party no.2 by way of filing his Vakalatnama, which is taken on record. Heard learned counsel for the applicants, learned counsel for opposite party no.2, learned AGA for the State of U.P. and gone through the record. The present application has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet bearing no. 1 dated 16-01-2024 as well as summoning order dated 30-03-2024 passed in Criminal Case No. 34461/2024 arising out of Case Crime No. 204 of 2023 under section 4984,323,504,506 IPC and 3/4 D.P. Act, P.S. Nagram, District- Lucknow, pending before the Court of ACJM IV, Lucknow against the petitioners contained as Annexure No. 1 and 2 to this petition. Further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No. 34461/2024 arising out of Case Crime No. 204 of 2023 under section 498A,323,504,506 IPC and 3/4 D.P. Act, P.S. Nagram, District- Lucknow pending before the Additional Chief Judicial Magistrate IV, Lucknow, as well as the summoning order dated 30-03-2024 as those legally barred by exercising the inherent power as provided to this Hon'ble Court under Section 482 Cr.P.C. Now section 528 B.N.S.S. in the interest of justice." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No.1340 of 2025 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 13.02.2025 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 20.02.2025 (Annexure No.4) 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.204/2023, 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. Order Date :- 12.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench