VEERU @ FAIZAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. U.P. AND ANOTHER
A482/12054/2024 · 2025-01-03
body2025
DailyLaw.ai
[ 2025 DAILYLAW 171034 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 171034 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:196 Court No. - 12 Case :- APPLICATION U/S 482 No. - 12054 of 2024 Applicant :- Veeru @ Faizan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. And Another Counsel for Applicant :- Rakesh Kumar Nayak Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Vijyant Sahani, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the parties and gone through the record. The present application has been filed by the applicant for the following main reliefs:-
"The applicants above named most respectfully begs to submit that for the facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the proceeding of Criminal Case No.5834A/2009, 'State Vs. Veru @ Faizan, Case Crime No. 420, 467, 468, 469, 471, 342, 506, 509 I.P.C. and Chargesheet no.43 of 2009 dated 01.08.2009, Police Station Aliganj, District Nagar, in the interest of justice. Ambedkar. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Criminal Case No.5834A/2009, 'State Vs. Veru @ Faizan, Case Crime No. 420, 467, 468, 469, 471, 342, 506, 509 I.P.C. and Chargesheet no.43 of 2009 dated 01.08.2009, Police Station Aliganj District Ambedkar Nagar, pending in the court of Chief Judicial Magistrate Ambedkar Nagar." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 4012 of 2016 and the documents in support thereof as also the
submissions made by the learned counsel for the applicants, this Court vide
order dated 13.08.2024 referred the matter to the concerned court/trial court for the purpose of verification of the compromise entered into between the parties. It further appears from the order of the trial court dated 28.10.2024 annexed at Page No. 23 of this application that the trial court has verified the compromise entered into between the parties. Based upon the aforesaid facts as also the observations made by the Hon'ble Apex Court in various pronouncements, learned counsel for the applicants stated that the instant application be allowed and pending proceedings in issue be quashed. Based upon the compromise entered into between the parties, learned counsel
for the opposite party No. 2 also stated that the opposite party No. 2 does not want to continue with the proceeding in issue and the same may be quashed. Considering the aforesaid and also the submissions made by learned Counsel for the parties and the nature of dispute/crime and also the observations made by the Hon'ble 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 in issue pending before the trial court are hereby quashed.
Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 3.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench