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2025 DAILYLAW 133493 (ALL)

SANJAY SINGH ALIAS SANJAY SINGH CHAUHAN AND 4 OTHERS v. STATE OF U.P THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/3138/2025 · 2025-05-09

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27522 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3138 of 2025 Applicant :- Sanjay Singh Alias Sanjay Singh Chauhan And 4 Others Opposite Party :- State Of U.P Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anand Kumar Counsel for Opposite Party :- G.A.,Yagh Pratap Singh Hon'ble Manish Kumar,J. 1. Supplementary affidavit has been filed today, bringing on record the certified copy of the order of verification passed by the trial court on 21.04.2025, in pursuance of the order of this court dated 11.04.2025, which is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A for the State and learned counsel for the respondent no. 2. 3. The present application under Section 482 Cr.P.C/528 of B.N.S.S. has been preferred with the following main prayer:- " WHEREFORE, it is most respectfully prayed that this Hon'ble court may kindly be pleased to QUASH the Summoning order dated 02.02.2023 passed by Judicial Magistrate court no.27 Barabanki, and Charge sheet no.11/2021 dated 17.02.2021 and as well as entire criminal proceeding in Criminal Case No.432/2023 Case Crime no.0012/2021, Under Section 498-A,452,323,504,506 IPC and 3/4 D.P Act, Police Station Ghunghter District Barabanki. Pending in the Court of Additional chief Judicial Magistrate court no.48 Barabanki. styled as State..Vs... Sanjay Singh Chauhan. as contained in Annexure no. 1& 2 to this petition. " 4. Learned counsel for the respective parties have submitted that a compromise dated 24.01.2025 (Annexure no. S.A- 2) entered into between the parties has been verified by the learned trial court by its order dated 21.04.2025 (Annexure no. S.A- 2) in pursuance of the order of this court dated 11.04.2025 passed by this Court in the present case. 5. Learned Counsel for the respondent no. 2 has submitted that the respondent no. 2 has no grudge or grievance against the present applicants now. 6. Considering the averments made in the Application U/S 482 Cr.P.C, the documents in support thereof as also the submissions made by the learned counsel for the applicants, it is found that the trial court, in pursuance of the aforesaid order of this court, has verified the compromise entered into between the parties vide order dated 21.04.2025. 6. 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. 7. Accordingly, present application is allowed. Consequently, the entire proceedings, quoted above, are hereby quashed as far as it is related to the the applicants. 8. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 9.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench