AMARNATH NISHAD @ AMARNATH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. OF HOME LKO. AND ANOTHER
A482/3097/2025 · 2025-05-15
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133278 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133278 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28597 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3097 of 2025 Applicant :- Amarnath Nishad @ Amarnath And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Of Home Lko. And Another Counsel for Applicant :- Atul Kumar Pathak,Shivam Singh Counsel for Opposite Party :- G.A.,Chandan Tiwari Hon'ble Manish Kumar,J.
1. Supplementary affidavit filed today is taken on record, bringing on record the certified copy of verification of compromise order dated 25.4.2025 annexed as Annexure SA-1. 2. Heard learned counsel for the applicants, learned counsel for respondent no. 2, learned AGA for the State and perused the record. 3. The present case has been filed under Section 482 Cr.P.C./528 of B.N.S.S. with the following main reliefs:-
" For the facts, reasons and circumstances as stated in the accompanying petition, which is duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the the summoning/cognizance dated 25.2.2020 passed by Learned Special Judge SC/ST Act District Ambedkar Nagar "State Vs. Premnath Nishad and others" in pursuant to the Charge sheet filed under section 323, 504, 506, I.P.C. and 3(1) (Da), (Dha) SC/ST Act in FIR No.138 of 2019 related at Police Station Allapur, District Ambedkar Nagar as well as to quash Charge sheet dated 14.08.2019 allegedly filed against the applicants under section 323, 504, 506, I.P.C. and 3(1) (Da), (Dha) SC/ST Act in respect of FIR No.138 of 2019 related at Police Station Allapur, District Ambedkar Nagar in FIR No.138 of 2019 on the basis of compromise deed dated 03.04.2025, in the interest of justice. (contained as Annexure No.1 & 2, respectively). It is further prayed that this Hon'ble court may kindly be pleased to quash the entire criminal proceedings of Case no.109/2020, SC/ST No. 17/2020
"State Vs. Premnath Nishad and others" pending in the court of Learned Special Judge SC/ST Act arising out of charge sheet dated 14.08.2019 under section 323, 504, 506 I.P.C. and 3(1) (Da) (Dha) SC/ST Act in FIR No.138 of 2019 related at Police Station Allapur, District Ambedkar Nagar on the basis of compromise dated 03.04.2025 and/or pass such others which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, so far as it relates to the applicants. "
4.
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4. Learned counsel for the respective parties have submitted that a compromise dated 3.4.2025 (annexure-4 to the application) entered into between the parties has been verified by the learned trial court by its order dated 25.4.2025 (annexure
no. SA-1 to the supplementary affidavit) in pursuance of the
order of this Court dated 10.4.2025 passed in the present case.
5. Learned Counsel for the respondent no. 2 has submitted that she has no grudge or grievance against the present applicants now.
6. It appears that after considering the averments made in the present case and the documents in support thereof as also the
submissions made by the learned counsel for the applicants, this Court vide order dated 10.4.2025 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties.
7. It appears from the order dated 25.4.2025 (annexure-SA-1) that the trial court has verified the compromise.
8. 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. 9. Accordingly, present application is allowed. Consequently, the entire proceedings, quoted above, are hereby quashed as far as it is related to the the applicants. 10.
Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 15.5.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench