SUMIT KUMAR AWASTHI AND OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. GOVT. LKO. AND ANOTHER
A482/10152/2024 · 2025-03-07
Om Prakash Shukla
body2025
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[ 2025 DAILYLAW 168521 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 168521 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14237 Court No. - 30 Case :- APPLICATION U/S 482 No. - 10152 of 2024 Applicant :- Sumit Kumar Awasthi And Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Govt. Lko. And Another Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.,Aayush Mishra,Vinod Kumar Pandey Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party No.2 as well as learned AGA for the State of U.P. and gone through the record.
2. The present application has been filed with the following prayer:-
"To set-aside/quash the Sessions Trial No. 452/2024 (State Versus Sumit Kumar Awasthi and others) arising out of impugned charge-sheet No. 01, dated 21.05.2023 filed by the investigating officer in Case Crime No. 0507 of 2022, Under Sections 498-A, 377, 323, 504, 506 & 313 I.P.C. and Section-3/4 D.P. Act against the applicant/petitioner No. 1 whereas under section-498-A, 323, 504 & 506 I.P.C. & Section-3/4 D.P. Act against the applicants/ petitioners No.2 and No.3 pertaining to Police Station- Vibhuti Khand, District- Lucknow as well as as well as cognizance/summoning
order dated 24.06.2023 passed by the court of learned Chief Judicial, by which applicants/ petitioners have been summoned for facing of trial under aforesaid sections and is pending before the court of learned Additional District Judge, Court NO.9, Lucknow."
3. It appears that on the basis of the submissions made by the
learned counsel for the applicants, this Court vide its order dated 13.11.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties.
4. SETTLEMENT AGREEMENT before Mediation Centre of this Court between applicants and opposite party No. 2 indicates that on 25.11.2024, the parties have settled the dispute amicably and entered into an agreement voluntarily and their signatures have been verified by their respective counsels.
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 Romgopal 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, and 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. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of F.I.R./ Case Crime No.0507 of 2022, indicated above, are hereby quashed.
7. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 7.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench