MUKHTAR AHMAD @ MOHD. MUKHTAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/10961/2024 · 2025-01-15
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169302 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169302 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2545 Court No. - 12 Case :- APPLICATION U/S 482 No. - 10961 of 2024 Applicant :- Mukhtar Ahmad @ Mohd. Mukhtar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shailendra Kumar Tiwari,Abhinav Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, Shri Aditya Kumar Bajpai, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record. 3. The present application under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):-
"i. To issue an order or direction to quash the entire proceedings in Case No. 5541 of 2022 arising out of Case Crime No.0499 of 2021, Under Section 406, 419, 420, 506, Indian Penal Code, 1860, Police Station Gomti Nagar, District Lucknow, (State Vs. Mukhtar Ahmad), pending before the Court of Chief Judicial Magistrate, Lucknow, and quash the Charge Sheet dated 31.08.2021 filed by the Investigating Officer as well as cognizance taken by the Court of Chief Judicial Magistrate, Lucknow, on 04.02.2022 (Annexure No.2), on the basis of compromise; ii. To stay the further proceeding of the Case No. 5541 of 2022 arising out of Case Crime No. 0499 of 2021, Under Section 406, 419, 420, 506, Indian Penal Code, 1860, Police Station Gomti Nagar, District Lucknow, (State Vs. Mukhtar Ahmad), pending before the Court of Chief Judicial Magistrate, Lucknow, and stay the Charge Sheet dated 31.08.2021 filed by the Investigating Officer as well as cognizance taken by the Court of Chief Judicial Magistrate, Lucknow, on 04.02.2022 (Annexure No.2), during pendency of the instant petition."
4. It appears that after considering the averments made in the present application and the documents in support thereof as also the submissions made by the learned counsel for the applicant, this Court vide order dated 03.12.2024 referred the matter to the concerned trial court for the purpose of verification of the compromise entered into between the parties. 5.
It appears from the order dated 21.12.2024, annexed as Annexure S.A.3 of the supplementary affidavit filed today, that the concerned trial court has verified the compromise, mentioning therein 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 before the court. 6. Considering the aforesaid as also the submissions made by
learned Counsel for the parties and the nature of dispute/crime 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, 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 of Case Crime No.0499 of 2021 (supra), indicated in the prayer, quoted 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 :- 15.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench