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2025 DAILYLAW 164261 (ALL)

VIPIN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7792/2025 · 2025-09-15

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7792 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "Allow this application preferred under section 528 Bhartiya Nagrik Suraksha Sanhita (erstwhile section 482 Cr.P.C.) for quashing of the charge sheet and other consequential criminal proceedings arising out of the FIR no. 915 of 2021 dated 19.11.2021 under section 2/3 Uttar Pradesh Gangster And Anti-Social Activities, Act, 1986. (b) Quash/ Set aside the entire proceedings arising out of Case Crime no. 915/2021, State of Uttar Pradesh Vs Mahesh Singh and others and others pending against the applicant before the Learned Special Judge, Gangster Act, Lucknow." 3. The aforesaid reliefs have been sought based upon the judgment passed by the Hon'ble Apex Court in the case of Farhana Vs. State of U.P., reported in 2024 SCC OnLine SC 159, in which the Hon'ble Apex Court quashed the proceedings arising out of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, after considering the fact that the proceedings of base case were quashed by the High Court in exercise of power under Section 482 Cr.P.C., and also that proceedings of the base case have been quashed by the order of this Court dated 24.10.2024, passed in A-482 No.9612 of 2024 (Mahesh Kumar Singh Vs. State of U.P. and another). The order dated 24.10.204 is extracted herein under :- "1. Vakalatnama filed by Sri Aman Thakur, Advocate, Sri Vineet Tripathi, Advocate on behalf of the opposite party no.2 is taken on record. Versus Counsel for Applicant(s) : Vineet Tripathi, Aman Thakur Counsel for Opposite Party(s) : G.A. Vipin Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 2. Heard, learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party no. 2 and perused the record. 3. This application under Section 482 Cr.P.C. has been filed for quashing the proceeding arisen out of Case Crime No.430 of 2021 under Sections 419, 429, 467, 468, 471, 120 B I.P.C., Police Station Gomti Nagar, Lucknow. 4. Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 28.8.2024 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the learned court below, verify the contents of compromise and it was duly verified. 5. Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 18.9.2024. 6. Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below. 7. Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties. 8. In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is purely of personal nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further. 9. For the discussions made above, the present application is allowed and entire Criminal Proceedings of Case Crime No.430 of 2021 under Sections 419, 429, 467, 468, 471, 120 B I.P.C., Police Station Gomti Nagar, Lucknow, is hereby quashed. 10. Office is directed to communicate this order to the court below, forthwith." A482 No. 7792 of 2025 2 4. In nutshell it is stated that the proceedings arising out of Case Crime No.430 of 2021, under Sections 419, 429, 467, 468, 471, 120-B I.P.C. at Police Station-Gomti Nagar, District - Lucknow have already been quashed by this Court vide order dated 24.10.2024 passed in A-482 No.9612 of 2024, as such present proceedings related to U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 are liable to be quashed qua the present applicant. 5. The grounds, aforesaid, as indicated by the learned counsel for the applicant, to the view of this Court are not sustainable for the reason that it has not been pleaded by the applicant that by means of order dated 24.10.2024 passed in A-482 Cr.P.C. No.9612 of 2024 (Mahesh Kumar Singh Vs. State of U.P. and another) the proceedings of base case has been quashed, qua the present applicant. 6. At this stage, learned counsel for the applicant stated that he may be permitted to withdraw the application with liberty to the applicant to file application at the appropriate stage with proper pleadings and documents in support thereof. 7. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 8. Accordingly, the application is dismissed as withdrawn with the liberty as prayed for. September 15, 2025 ML/- A482 No. 7792 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench