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2025 DAILYLAW 169564 (ALL)

RACHNA GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

/11189/2024 · 2025-01-13

Saurabh Lavania

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2305 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11189 of 2024 Applicant :- Rachna Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Pankaj Gupta Counsel for Opposite Party :- G.A.,Dharmendra Kumar Gupta Hon'ble Saurabh Lavania,J. 1. Heard Shri Pankaj Gupta, learned counsel for the applicant, Shri Dharmendra Kumar Gupta, learned counsel for opposite party nos.3 and 4, learned A.G.A. for the State and perused the material available on record. 2. The present application under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the proceedings of case number case No.398/1997 (New Number is 4857/2019) (State Vs Rachna Gupta) pending before Additional Chief Judicial Magistrate, 1st. Hardoi and order and dated 26.5.1997 passed by IV Additional Chief Judicial Magistrate, Hardoi in Case No.398/1997 (New Number is 4857) (State Vs Rachna Gupta) relating to case crime No.15/1997, Police Station Mallawan, District Hardoi under section 406 IPC, on the basis of compromise dated 2.11.2024 as contained in Annexure No.1&2 to the petition." 3. 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 10.12.2024 referred the matter to the Senior Registrar of this Court for the purpose of verification of the compromise entered into between the parties. 4. It appears from the order dated 06.01.2025 that the Senior Registrar of this 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. 5. 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.15/1997 (Supra), indicated in the prayer, quoted above, are hereby quashed. 6. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 13.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench