SHIV SHANKAR AND ANOTHER v. STATE OF U.P. THRU. PRINCIPAL SECY. DEPTT. HOME LKO. AND ANOTHER
A482/2630/2025 · 2025-03-26
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130060 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130060 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17382 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2630 of 2025 Applicant :- Shiv Shankar And Another Opposite Party :- State Of U.P. Thru. Principal Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Sudheer Kumar Rawat Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Shri Pawan Kumar, Advocate has filed his vakalatnama on behalf of respondent no. 2, which is taken on record.
2. The present application has been filed under Section 482 Cr.P.C (now Section 528 B.N.S.S) with the following prayer:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire Criminal Proceeding as well as the impugned summoning order dated 21.03.2023 passed by the learned A. C. J. M. VI, Lucknow in Criminal Case No. 26861/2023, (State Versus Shiv Shankar and others) arising out of Case Crime No. 126/2022 under sections 406, 420, 504 I.P.C., at Police Station Kakori, District-Lucknow, contained in Annexure No. 2 to this petition. This Hon'ble Court may further be pleased to quash the Charge Sheet No. 01/2022 dated 06.07.2022, filed by Investigating Officer in Case Crime No. 126/2022, under sections 406, 420, 504 I.P.C. against the petitioner no. 1 and under section 504 I.P.C. against the petitioner no. 2, at Police Station-Kakori, District- Lucknow, which is contained in Annexure No. 1 to this petition."
3. Learned counsel for the respective parties have submitted that a compromise deed dated 20.11.2024 (Annexure No.4) entered into between the parties has been verified by the learned trial court by its order dated 31.01.2025 (Annexure No.5) in pursuance of the order of this Court dated 03.01.2025, passed in Application U/S 482 No. 11851 of 2024.
4. Learned Counsel for the respondent no. 2 has submitted that he has no grudge or grievance against the present applicant now.
5. It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 11851 of 2024 and the documents in support thereof as also the submissions made by the learned counsel for the applicant, this Court vide order dated 03.01.2025 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 31.01.2025 (Annexure No.5) that the trial court has verified the compromise.
6. 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, it is a individual dispute between the parties regarding the sale and purchase of some land which has now been amicably settled between the parties. 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. 7. Accordingly, present application is allowed.
Consequently, the entire proceedings, quoted above, are hereby quashed as far as it is related to the the applicant. 8. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 26.3.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench