Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 160913 (ALL)

TANU SHARMA @ TANU PANDEY AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. , SECY. HOME DEPTT. LKO. AND ANOTHER

A482/8556/2024 · 2025-01-03

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:401 Court No. - 12 Case :- APPLICATION U/S 482 No. - 8556 of 2024 Applicant :- Tanu Sharma @ Tanu Pandey And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. , Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohd. Waris Farooqui Counsel for Opposite Party :- G.A.,Vijayendra Prakash Tripathi Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State of U.P. as well as Sri Vijayendra Prakash Tripathi, learned counsel for the opposite party No.2 and gone through the record. The present application has been filed to quash the entire proceedings of Criminal Case No.73864 of 2021, arising out of Case Crime/FIR No.254 of 2020 under Section 323, 427, 504 IPC, P.S.-Gomti Nagar Extension, District-Lucknow as also the Charge Sheet dated 11.01.2021 including the summoning order dated 09.08.2021. Considering the facts of the case and the submissions made by the learned counsel for the applicants including the dispute between the parties and the offence against the applicants, this Court vide order dated 23.09.2024 referred the matter to the Senior Registrar of this Court for verification of the compromise entered into between the parties. In compliance of order of this Court dated 23.09.2024, the Senior Registrar of this Court vide his order dated 25.09.2024 has submitted his report wherein it has been mentioned 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. 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 Ramgopal 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 as also taking note of 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/FIR No.254 of 2020, indicated above, are hereby quashed qua the applicants. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 3.1.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench