TAUHEED ALAM AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS
A482/6058/2024 · 2025-01-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146649 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146649 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6569 Court No. - 12 Case :- APPLICATION U/S 482 No. - 6058 of 2024 Applicant :- Tauheed Alam And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Applicant :- Dinesh Kumar Ojha,Vijay Kumar Counsel for Opposite Party :- G.A.,Dileep Kumar Tiwari Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicants, learned Counsel for opposite party no.3, learned AGA for the State of U.P. and perused the material brought on record.
2. The present application has been filed for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire criminal proceedings as well as cognizance order dated 08.12.2023 passed by Chief Judicial Magistrate, District - Pratapgarh including charge sheet bearing no. 634/2023 dated 27.11.2023, arising out Case Crime No.755 of 2023 U/s 147, 148, 149, 323, 504,506, 452, 427 and 307 I.P.C. State Vs. Tauheed Alam & Others. Police Station Kotwali Nagar, District - Pratapgarh in terms of, compromises deed dated 20.04.2024 by means of which both the parties do not want to prosecute the criminal case against each other, which is contained as annexure no.4 to this petition, in the interest of justice."
3. It appears that after considering the averments made in the application and the documents in support thereof as also the
submissions made by the learned counsel for the applicants, this Court vide order dated 09.07.2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties.
4. It appears from the order dated 18.07.2024 (Annexure No.1 to the impleadment application) that the trial court has verified the compromise, mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court.
5. It is also stated that a perusal of contents of FIR as also the statement of injured would indicate that the incident took place without premeditation of mind and spur of moment and accordingly the injury would ultimately fall under Section 324 or 325 I.P.C.
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 settlements 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. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case Crime No.755/2023, quoted 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 :- 30.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench