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2025 DAILYLAW 151003 (ALL)

GYANENDRA PANDEY @ CHHOTE and ORS. v. STATE OF U.P. and ANR.

A482/4847/2019 · 2025-05-14

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28335 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4847 of 2019 Applicant :- Gyanendra Pandey @ Chhote And Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. 2. The present application has been filed by the applicants for the following main relief(s):- "The petitioner above named most respectfully begs to submit that for the facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the proceeding of Criminal Case No.1108/2019, 'State Vs. Gyanendra Panday @ Chhote & others, Case Crime No.332/2018 and Chargesheet dated 13.11.2018 under Sections 307,336,427,504 & 506 I.P.C., Police Station Kotwali Akbarpur, District - Ambedkar Nagar, in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Criminal Case No.1108/2019, 'State Vs. Gyanendra Panday @ Chhote & others, Case Crime No.332/2018 and Chargesheet dated 13.11.2018 under 307,336,427,504 & 506 I.P.C. Police Station Sections Kotwali Akbarpur, District Ambedkar Nagar, pending in the court of Chief Judicial Magistrate Ambedkar Nagar." 3. It appears that on the basis of the submissions made by the learned counsel for the applicants, this Court vide its order dated 11.07.2019 referred the matter before the Senior Registrar of this Court for the purposes of verification of the compromise entered into between the parties. 4. The Senior Registrar of this Court has submitted its report dated 29.7.2019 regarding verification of the compromise entered into between the parties which is on record, according to which, he has verified the compromise on 29.7.2019. The original compromise is on record which has been annexed as Annexure-1 to the petition. 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 between the parties, which has been verified by the Senior Registrar of this Court, 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 :- 14.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench