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2025 DAILYLAW 132270 (ALL)

JITENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

A482/3287/2024 · 2025-05-16

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:29201 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3287 of 2024 Applicant :- Jitendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A.,Ashish Kumar Shukla,Shiv Prakash Mishra Hon'ble Manish Kumar,J. 1. Heard learned counsel for the parties. 2. The present application under Section 482 CrPC has been filed with the following prayer: "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Special Sessions Trial No. 41 of 2018; State Versus Jitendra Kumar, arising out of Case Crime No. 27 of 2018, under Sections 363, 366 I. P. C. and Section 7/8 of the Protection of Children from Sexual Offences Act, 2012, relating to Police Station- Ahirauli, District- Ambedkar Nagar, pending in the Court of learned Additional Sessions Judge/ Special Judge, POCSO Act, Ambedkar Nagar, as well las impugned chargesheet no.47, dated 23 23.4.2018, submitted by the Investigating Officer against the petitioner, under sections-363, 366 I. P. C. and Section 7/8 of the Protection of Children from Sexual Offences Act, 2012, in aforesaid case crime number, as contained in Annexure No.1 to the to the instant petition, in the light of compromise, attained between the parties, in the interest of law and justice." 3. This Court vide order dated 02.08.2024 had sent the matter to the Senior Registrar of this Court for the purpose of verification of the compromise entered into between the parties. In compliance thereof, the Senior Registrar of this Court has submitted a report dated 08.08.2025 verifying the compromise entered into between the parties, which is on the record. 4. 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, which is verified by the Sr. Registrar of this Court as mentioned above, 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. 5. In view of above, the present application is allowed. Consequently, the entire proceeding, quoted above, are hereby quashed as far as it is related to the applicants. 6. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 16.5.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench