MANNI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 5 OTHERS
A482/3648/2025 · 2025-04-29
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137281 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137281 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24574 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3648 of 2025 Applicant :- Manni And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 5 Others Counsel for Applicant :- Neeta Singh Chandel Counsel for Opposite Party :- G.A.,Ram Naresh Singh Hon'ble Manish Kumar,J.
1. Shri Ram Naresh Singh, Advocate has filed his Vakalatnama on behalf of respondent nos. 2 to 6 which is taken on record. 2. The present application under Section 482 Cr.P.C. /528 of B.N.S.S. has been filed with the following main prayer:-
" Wherefore, it is most respectfully prayed that the Hon'ble Court may kindly be pleased to pass the order for setting aside the impugned summoning order dated-18.11.2021 passed by Learned Additional Session Judge (POCSO Act) Court No. 45, Barabanki in Session Case No. 0978/2021 Under Section-354, 323, 504, 506 I.P.C. and 7/8 POCSO Act, in Manni Vs. Jaseem and others, including its proceedings, contained as Annexure No. 2 to this petition, in the interest of justice."
3. Learned counsels for the respective parties have submitted that a compromise dated 09.07.2024 (Annexure No.6) entered into between the parties has been verified by the learned trial court by its order dated 17.04.2025 (Annexure No. 8) in pursuance of the order of this Court dated 27.03.2025 passed in Application U/S 482 No. 6598 of 2024 (Annexure No. 1). 4. Learned Counsel for the respondent nos. 2 to 6 has submitted that respondent nos. 2 to 6 have no grudge or grievance against the present applicant now. 5. It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No.6598 of 2024 and the documents in support thereof as also the submissions made by the learned counsel for the applicant, this Court vide order dated 27.03.2025 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 17.04.2025 that the trial court has verified the compromise. 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 entered into between the parties as mentioned above, 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 applicant. 8. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 29.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench