SAMISTA BANO AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3698/2025 · 2025-05-01
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137662 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137662 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:25250 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3698 of 2025 Applicant :- Samista Bano And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ruved Kamal Kidwai,Najam Zafar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Shri Anshuman Srivastava, Advocate has filed his vakalatnama on behalf of respondent no. 2 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 this Hon'ble court may be pleased to:- I. To issue a order or directions for quashing the charge sheet no. 1 of 2021 dated 05.12.2021 filed in the crime no 0154 of 2021 under Section 498-A, 323, 406 I. P. C and Section 3/4 of D.P. Act registered at P.S. Alambagh Lucknow as contained in Annexure no 1 to this application as well as the summoning order dated 07.10.2022 passed by the Judicial Magistrate III, Lucknow as contained in Annexure No. 2 to this application. II. To issue a order or directions for quashing the entire proceedings of the Crl. Case no. 91373 of 2022, arising out of the case crime no. 0154 of 2021 under Section 498-A, 323, 406 I. P. C and Section 3 and 4 of D.P. Act registered at P.S. Alambagh Lucknow pending before Judicial Magistrate III, Lucknow."
3. Learned counsels for the respective parties have submitted that a compromise dated 18.01.2025 (Annexure No. 4) entered into between the parties has been verified by the learned trial court by its order dated 17.02.2025 (Annexure No. 6) in pursuance of the order of this Court dated 05.02.2025 passed in Application U/S 482 No. 1024 of 2025 (Annexure No.- 5). 4. Learned Counsel for the respondent no. 2 has submitted that the respondent no. 2 has no grudge or grievance against the present applicants now. 5. It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 1024 of 2025 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 05.02.2025 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 17.02.2025 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 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 :- 1.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench