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2025 DAILYLAW 168993 (ALL)

SUSHEEL KUMAR PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/10541/2024 · 2025-04-07

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19448 Court No. - 14 Case :- APPLICATION U/S 482 No. - 10541 of 2024 Applicant :- Susheel Kumar Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A.,Ravindra Nath Pandey Hon'ble Manish Kumar,J. Heard learned counsel for the applicant, learned AGA for the State of U.P. and gone through the record. The present application has been filed by the applicant for the following main relief(s):- " For the facts, reasons and circumstances stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the summoning order dated 07.06.2024 passed by Learned Chief Judicial Magistrate, Lucknow in Case No. 52865/2024, as contained in Annexure No. 1, by virtue of which the applicant was summoned for offences under Section 406. 420, 504, 506 IPC as well as Charge-sheet No. 01 and 02 dated 13/07/2019 and 05/02/2024 respectively as contained in Annexure No. 2, filed against the applicant in pursuant to Crime No. 1028/2017 P.S. Hazratganj District Lucknow for offences under sections 406/420/504/506 I.P.C. It is further prayed that further proceedings of Case No. 52865/2024 pending in the Court of learned Chief Judicial Magistrate, Lucknow may kindly be stayed till the pendency of this petition." It appears that on the basis of the submissions made by the learned counsel for the applicants, this Court vide its order dated 19.12.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. The same is quoted hereinbelow:- " 1. Vakalatnama filed by Sri Ravindra Nath Pandey, Advocate on behalf of the private respondent is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The instant application is filed with the prayer to quash the proceeding arisen out of Case Crime No.1028/2017, under Sections 406, 420, 504,506 I.P.C., Police Station Hazratganj, Lucknow. 4. Learned counsel for the applicant submits that there is a dispute in between the parties and there is a possibility of settlement in case, matter is sent to the Mediation Center of this Court. 5. Learned counsel for the private respondent has no objection, in case, matter is sent to the Mediation Center of this Court. 6. List this case on 13.1.2025 before Mediation Center of this Court. 7. Parties are directed to appear before the Mediation Center of this Court on the date fixed. 8. List on 7.4.2025 alongwith mediation report. 9. Interim order, granted earlier, shall continue till the next date of listing. " It also appears that in compliance of order of this Court dated 19.12.2024, a SETTLEMENT AGREEMENT has entered into between applicant and respondent no. 2 on 28.02.2025. The Mediation and Conciliation Centre has sent its report along with the settlement agreement, which is on the record. Learned Counsel for the respondent no. 2 has submitted that he has no grudge or grievance against the present applicant now. 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, quoted above, are hereby quashed as far as it is related to the the applicant. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 7.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench