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2025 DAILYLAW 129271 (ALL)

SARITA TIWARI AND ANOTHER v. STATE OF U.P. TO ADDL. CHIEF SECY. DEPTT. OF HOME AND ANOTHER

A482/2536/2025 · 2025-05-12

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27947 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2536 of 2025 Applicant :- Sarita Tiwari And Another Opposite Party :- State Of U.P. To Addl. Chief Secy. Deptt. Of Home And Another Counsel for Applicant :- Saryu Prasad Tiwari,Prince Kumar Pandey Counsel for Opposite Party :- G.A.,Dharmendra Kumar Hon'ble Manish Kumar,J. Heard. Shri Saryu Prasad Tiwari, learned counsel for the applicants has filed affidavit bringing on record the copy of the verification of the compromise order dated 11.04.2025. Heard learned counsel for the applicant, learned AGA for the State and Shri Dharmendra Kumar, learned counsel for the respondent no.2. The present case has been filed under Section 482 Cr.P.C. /528 of B.N.S.S. with the following main relief:- "For The Facts And reason stated in accompanying affidavit it is respectfully prayed that this Hon'ble court may kindly pleased to quash the entire proceedings of special trial no. 610/2023 in case crime no. 164/2022 under section 323,504,506,427 IPC and 3(1)D, 3(1)Dhh, 3(2)Va Sc/St (prevention of atrocities) Act 1989 PS- Kandhai District- Pratapgarh, State Vs Anurag Tiwari pending before Special judge Sc/St Act Pratapgarh and impugned chargesheet no. 1 dated 31.10.2022 under section 323,504,506,427 IP and 3(1)D, 3(1)Dhh, 3(2)Va Sc/St (prevention of atrocities) Act 1989 PS- Kandhai District- Pratapgarh, which is Annexure No. 2 to this affidavit. " Learned counsel for the respective parties have submitted that a compromise dated 04.03.2025 (annexure no. 4) entered into between the parties has been verified by the learned trial court by its order dated 11.04.2025 (annexure no. SA-2) in pursuance of the order of this Court dated 26.03.2025 passed in the present case. Learned Counsel for the respondent no. 2 has submitted that respondent no. 2 has no grudge or grievance against the present applicant now. It appears from the order dated 11.04.2025 (Annexure No.SA 2) 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 settlement 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 :- 12.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench