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2025 DAILYLAW 199355 (ALL)

AJAY RAWAT AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3818/2025 · 2025-05-27

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:31816 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3818 of 2025 Applicant :- Ajay Rawat And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vaibhav Shukla Counsel for Opposite Party :- G.A.,Roshan Babu Gupta Hon'ble Manish Kumar,J. Shri Vaibhav Shukla, learned counsel for the applicants has filed supplementary affidavit bringing on record the copy of the verification of the compromise order dated 17.05.2025. Heard learned counsel for the applicant, learned AGA for the State and Shri Mohit Nigam, learned counsel for the respondent nos 2. The present case has been filed under Section 482 Cr.P.C. /528 of B.N.S.S. with the following main relief:- "For the facts, reason and circumstances as stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding in crime no. 1185/2017 under section- 147, 323, 504, 506 of IPC of police Station Kakori, District Lucknow, as State of U.P. vs. Nand Kishore and others; pending in court of Court of Learned Additional Chief Judicial Magistrate -VIth, Lucknow during the pendency of this petition in interest of justice. And it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the charge sheet dated 16.05.2018 (Annexure no.01.) and also to quash the entire proceeding in above mentions case crime and subsequent summoning order dated 86.07.2018 whereby Learned court had summoned the accused (filed as Annexure no.02.), as the parties had entered into the compromise and had settled their dispute." Learned counsel for the respective parties have submitted that a compromise dated 31.01.2024 (annexure no. 5) entered into between the parties has been verified by the learned trial court by its order dated 17.05.2025 (annexure no. SA-3) in pursuance of the order of this Court dated 06.05.2025 passed in the present case. Learned Counsel for the respondent no. 2 has submitted that she has no grudge or grievance against the present applicants now. It appears from the order dated 17.05.2025 (Annexure No.SA 3) that the trial court has verified the compromise. 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 settlement 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 :- 27.5.2025/Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench