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2025 DAILYLAW 169345 (ALL)

MOHIT RATHAUR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 2 OTHERS

A482/10894/2024 · 2025-02-10

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8514 Court No. - 17 Case :- APPLICATION U/S 482 No. - 10894 of 2024 Applicant :- Mohit Rathaur And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 2 Others Counsel for Applicant :- Srees Kumar Srivastava,Vinod Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Learned counsel for the applicants has filed supplementary affidavit bringing on record the order dated 16.12.2024 whereby the compromise entered into between the parties has been verified. It is taken on record. The present case has been filed under Section 482 Cr.P.C. now under Section 528 of B.N.S.S. with the following main reliefs:- "I. Pass an order or direction thereby quashing of the charge sheet dated 22.11.2020, concerning Case Crime No.149 of 2020, under section 308, 325, 323, 504, I.P.C., Police Station Behtamujawar, district Unnao, as well as quashing of the impugned summoning order dated 09.02.2021, passed by the Learned C.J (S.D.) FTC, Unnao, parties State versus Mohit Rathaur and others, pending in the court of Learned Additional Session Judge Court No. 12 Unnao, on the basis of amicable settlement with the opposite party no.2 & 3; and II. Pass any other order or direction to prevent such abuse of the process or otherwise to secure the ends of justice, by exercising the powers conferred on this Honble Court under section 482, Cr.P.C. read with section 528 B.N.S.S. " It appears that after considering the submissions made by learned counsel for the applicant and the documents in support thereof, this Court vide order dated 02.12.2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties. It appears from the order dated 16.12.2024 (Annexure No. S.A.- 1) that the 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. 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 applicants. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 10.2.2025/Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench