OMKAR SHARAN AGNIHOTRI @ ONKAR SHARAN AGNIHOTRI v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME AND ANOTHER
A482/3252/2025 · 2025-05-15
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134113 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134113 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28677
Court No. - 14 Case :- APPLICATION U/S 482 No. - 3252 of 2025 Applicant :- Omkar Sharan Agnihotri @ Onkar Sharan Agnihotri Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home And Another Counsel for Applicant :- Sachidanand Mishra,Ram Sahay Yadav Counsel for Opposite Party :- G.A.,Rankaj Kumar Vishwakarma 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 29.4.2025 annexed as Annexure SA-1.
2. Heard learned counsel for the applicant, 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:-
" Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned summoning order against the Petitioner dated-29/05/2023 passed by learned Court of Additional Chief Judicial Magistrate 5, Lucknow (pending before A.C.J.M. VII, Lucknow, at present), Case No. 62190/2023, Case Crime No- 367/2022, in the matter of State Versus Omkar Sharan Agnihotri and Charge-Sheet No- 01/2022 dated-10.11.2022 under sections 323, 325 and 504 I.P.C. as contained in Annexure no. 1 and 2 to this affidavit. "
4. Learned counsel for the respective parties have submitted that a compromise dated 4.4.2025 (annexure SA-2 to the supplementary affidavit) entered into between the parties has been verified by the learned trial court by its order dated 29.4.2025 (annexure no. SA-1 to the supplementary affidavit) in pursuance of the order of this Court dated 17.4.2025 passed in the present case.
5. Learned Counsel for the respondent no. 2 has submitted that he has no grudge or grievance against the present applicant 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 applicant, this Court vide order dated 17.4.2025 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 29.4.2025 (Annexure No. 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 applicant. 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