RAGHVENDRA SHUKLA ALIAS SHEKHAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/2937/2025 · 2025-05-05
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132377 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132377 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26001 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2937 of 2025 Applicant :- Raghvendra Shukla Alias Shekhar Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Umaker Pandey Counsel for Opposite Party :- G.A.,Anand Kumar Hon'ble Manish Kumar,J. Shri Umaker Pandey, learned counsel for the applicant has filed supplementary affidavit bringing on record the copy of the verification of the compromise order dated 22.04.2025. Heard learned counsel for the applicant, learned AGA for the State and Shri Anand 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:-
" WHEREFORE, it is most respectfully prayed that this Hon'ble court
may
kindly
be
pleased
to
QUASH the Summoning order dated 17.01.2025 passed by Judicial Magistrate III Lucknow, and Charge sheet dated 19.06.2023 and as well as entire criminal proceeding in Criminal Case No.6695/2025 Case Crime no. 146/2023, Under Section 323,504,427, Police Station Mandion District Lucknow. Pending in the Court of Judicial Magistrate III Lucknow styled as State..Vs... Raghvendra Shukla alias Shekhar. As contained in Annexure no. 1& 2 to this petition. "
Learned counsel for the respective parties have submitted that a compromise dated 06.03.2025 (annexure no. 4) entered into between the parties has been verified by the learned trial court by its order dated 22.04.2025 (annexure no. SA-1) in pursuance of the order of this Court dated 07.04.2025 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 22.04.2025 (Annexure No.SA 1) 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