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2025 DAILYLAW 141267 (ALL)

SMT. UMA NIGAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. CIVIL SECTT. LKO AND ANOTHER

A482/5980/2024 · 2025-03-07

Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14253 Court No. - 30 Case :- APPLICATION U/S 482 No. - 5980 of 2024 Applicant :- Smt. Uma Nigam And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Sectt. Lko And Another Counsel for Applicant :- Ajay Pratap Singh,Abhay Singh Counsel for Opposite Party :- G.A.,Mukesh Kumar Mishra,Shambhunath Mishra Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the applicants, learned Counsel for opposite party No.2 as well as learned AGA for the State of U.P. and gone through the record. 2. The present application has been filed for the following main relief:- "(i) To set aside the charge sheet dated 10.07.2023 submitted before the Court of Learned Special Chief Judicial Magistrate (Customs), Lucknow contained in Criminal Misc. Case No. 134144 of 2023 State versus Uma Nigam and another arising out of Crime No. 220 of 2023 under sections 406/419/420 and 506 IPC Police Station Gazipur, district Lucknow. (ii) It is also prayed that the impugned summoning order dated 01.12.2023 passed by the Learned Special Chief Judicial Magistrate (Customs), Lucknow be set aside. (iii) It is also prayed that further proceedings of Criminal Misc. Case No. 134144 of 2023- State versus Umare Nigam and another arising out of Crime No. 220 of 2023 under sections 406/419/420 and 506 IPC Police Station Gazipur, district Lucknow be set aside by this Hon'ble Court. (iv) It is also prayed that further proceedings of Criminal Misc. Case No. 134144 of 2023- State versus Uma 2023 Nigam and another arising out of Crime No. 220 of 2023 under sections 406/419/420 and 506 IPC Police Station Gazipur, district Lucknow, be stayed during the pendency of the case. (v) It is also prayed that the operation of impugned summoning order dated 01.12.2023 passed by the Learned Special Chief Judicial Magistrate (Customs), Lucknow, be stayed." 3. It appears that on the basis of the submissions made by the learned counsel for the applicants, this Court vide its order dated 10.07.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. 4. SETTLEMENT AGREEMENT before Mediation Centre of this Court between applicants and opposite party No. 2 indicates that on 09.01.2025, the parties have settled the dispute amicably and entered into an agreement voluntarily and their signatures have been verified by their respective counsels. 5. 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 Romgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, 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, and 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. 6. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of F.I.R./ Case Crime No.220 of 2023, indicated above, are hereby quashed qua the applicants. 7. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 7.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench