ANISH AHAMAD v. STATE OF U.P THRU DIST. MAGISTRATE C.S.M NAGAR SULTANPUR ORS
A482/1932/2016 · 2025-04-07
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142107 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142107 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19526 Court No. - 14 Case :- APPLICATION U/S 482 No. - 1932 of 2016 Applicant :- Anish Ahamad Opposite Party :- State Of U.P Thru Dist. Magistrate C.S.M Nagar Sultanpur Ors Counsel for Applicant :- Kamal Kant Singh,Ravindra Nath Mishra Counsel for Opposite Party :- G.A,Sandeep Tewari Hon'ble Manish Kumar,J.
1. The present application under Section 482 Cr.P.C has been preferred with a prayer to issue a writ, order or direction be passed quashing the impugned judgment and
order dated 27-02-16 passed by the opposite party no.2. 2. This court by an order dated 23.11.2024, referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties, which is quoted hereinbelow:-
"1. On the joint request of learned counsel for the parties, list this case before the mediation center of this Court on 3.12.2024. 2. Parties are directed to appear before the mediation center of this Court on the date fixed. 3. Applicant is also directed to deposit amount of Rs.10,000/- before the Senior Registrar of this Court within a period of one week from today. 4. Interim order, granted earlier, shall continue till the next date of listing. 5. In case, the aforesaid amount is not deposited, then protection will not be available to the applicant. 6. List after outcome of mediation proceeding."
3. It also appears that in compliance of order of this Court dated 23.11.2024, a Settlement Agreement has entered into between the applicant and respondent no. 4. The Mediation and Conciliation Centre has sent its report along with the settlement agreement dated 18.03.2025, which is on the record. 4. Learned counsel for the respondent no. 4 has submitted that the settlement agreement has been executed between the parties and now he has no grudge against the applicant and the respondent no. 4 does not want to proceed with the criminal proceedings pending against the applicant. 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 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 in the mediation proceedings as mentioned above, 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. 6. In view of above, the present application is allowed. Consequently, the entire proceeding, quoted above, are hereby quashed as far as it is related to the applicant. 7. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 7.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench