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2025 DAILYLAW 130357 (ALL)

ABHISHEK GUPTA AND 2 OTHER v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND ANOTHER

A482/2659/2025 · 2025-03-27

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17691 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2659 of 2025 Applicant :- Abhishek Gupta And 2 Other Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. And Another Counsel for Applicant :- Mohammad Aslam Beg Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Vakalatnama filed jointly by Ms. Savita Tiwari and Sri Abul Qais, Advocates on behalf of 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:- "1. Quash impugned summoning order dated 21.10.2024 and charge-sheet dated 07.01.2024 and every proceeding in case no. 100953 of 2023 State of U.P. vs. Abhishek Gupta and others in crime no. 230 of 2023 under Sections 498A, 323, 504, 506 IPC & 3/4 Dowry Prohibition Act 1961, Police Station Sadatganj, District Lucknow against the petitioners pending in the court of Judicial Magistrate-First class/A.T.S. Lucknow on the basis of settlement for compromise between the petitioners and respondent no. 2 contained in Annexure nos. 4 & 5 to this petition, on basis of compromise verified by trial court dated 18.01.2025 contained in Annexure no. 3 to this petition. II. Stay the every proceeding in case no. 100953 of 2023 State of U.P. vs. Abhishek Gupta and Ors in Crime no. 230 of 2023, under Sections 498A, 323, 504, 506 IPC & 3/4 Dowry Prohibition Act 19961, Police Station Sadatganj, District Lucknow against the petitioners pending in the court of judicial Magistrate-First class/A.T.S. Lucknow till disposal of instant petition." Learned counsel for the respective parties have submitted that a compromise dated 30.12.2023 (Annexure no. 2) entered into between the applicants and respondent no. 2 has been verified by the learned trial court by its order dated 18.01.2025 (Annexure no. 3) in pursuance of the order of this Court dated 10.01.2025 passed in Application U/S 482 No. 165 of 2025 (Annexure no. 1). Learned Counsel for the respondent no. 2 has submitted that he has no grudge or grievance against the present applicants now. It appears that after considering the averments made in Application U/S 482 No. 165 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 10.01.2025 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 18.01.2025 (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, which is matrimonial in nature and has already been resolved, 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 applicants. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 27.3.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench