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2025 DAILYLAW 129479 (ALL)

NOOR AHMAD @ MAMMU AND 2 OTHERS v. STATE OF U.P. THRU. A.C.S./PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/2516/2025 · 2025-05-05

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26023 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2516 of 2025 Applicant :- Noor Ahmad @ Mammu And 2 Others Opposite Party :- State Of U.P. Thru. A.C.S./Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Yogesh Kumar Mishra,Shraddha Chaturvedi Counsel for Opposite Party :- G.A.,Dharmendra Kumar Yadav Hon'ble Manish Kumar,J. Heard learned counsel for the applicant, learned AGA for the State and Shri Dharmendra Kumar Yadav, , learned counsel for the respondent no.2. The present application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been preferred with a prayer to quash the entire proceedings on the basis of the compromise entered between the applicants and Opp. party no.2 in Case Crime No. 0353/2023 lodged in P.S.- Kotwali Nagar, District Sultanpur U/S 427 I.P.C as well as Criminal Case No. 16862/2023, (Now as 7568/2023) State vs. Mammu and others, pending before the learned Chief Judicial Magistrate Court No.16 Sultanpur, District- Sultanpur. Learned counsel for the respective parties have submitted that a compromise dated 26.02.2025 (annexure no. 4) entered into between the parties has been verified by the learned trial court by its order dated 08.04.2025 (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 applicants now. It appears from the order dated 08.04.2025 (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 :- 5.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench