NARESH SONKAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/3064/2025 · 2025-04-09
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132528 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132528 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20125 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3064 of 2025 Applicant :- Naresh Sonkar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anjali Singh,Ajay Veer Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Shri Abhinav Shrivastava, Advocate has filed his vakalatnama on behalf of respondent no. 2, which is taken on record. The present application under Section 482 Cr.P.C/528 B.N.S.S has been preferred with the following main prayer:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to pass and order for quashing of the entire proceedings of Case No. 19377 of 2018 arising out of case crime no. 321 of 2018, under section 406, 420, 506 IPC, Police Station-Kotwali Nagar, District- Ayodhya, pending in the court of the Learned Additional District and Sessions Judge Court No. 06, Ayodhya, in the interest of justice."
Learned counsel for the respective parties have submitted that a compromise dated 07.01.2025 (annexure no. 1) entered into between the parties has been verified by the learned trial court by its order dated 19.02.2025 (annexure no. 6) in pursuance of the order of this Court dated 27.01.2025 passed in Application U/S 482 No. 694 of 2025 (annexure no. 5).
Learned Counsel for the respondent nos. 2 & 3 has submitted that they have no grudge or grievance against the present applicants now. It appears that after considering the averments made in the aforesaid case preferred under Section 482 Cr.P.C. and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide the aforesaid order 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 19.02.2025 (Annexure No.6) 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/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 :- 9.4.2025/Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench