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2025 DAILYLAW 203765 (ALL)

SHAMEEMA KHATOON AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/8954/2025 · 2025-10-28

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8954 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Sri Jatin Raheja, 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 applicant, learned AGA for the State of U.P. and gone through the record. The present application has been filed for the following main relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application under section 482 Cr.P.C. now U/s 528 BNSS, 2023 and quash the entire criminal proceedings of Crl. Misc. Case bearing No. 29431 of 2023 (UPLK040333322023), arising out of Case Crime No. 296 of 2022, (State of U.P. Versus Shameema Khatoon And Others) pending in the Court of Chief Judicial Magistrate, Lucknow, District- Lucknow, Under Sections- 323, 352, 504, 506 I.P.C. related to Police Station- Gomti Nagar, District - Lucknow, in the interest of justice." It appears that after considering the averments made in the Application U/S 482 No. 4236 of 2024, including aforesaid, and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 08.05.2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between Versus Counsel for Applicant(s) : Prabhat Kumar Mishra, Shobhit Harsh Counsel for Opposite Party(s) : G.A. Shameema Khatoon And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) the parties. It appears from the order dated 30.05.2024 that the court concerned 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 A482 No. 8954 of 2025 2 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 arising out of Case Crime No. 296 of 2022, quoted above, are hereby quashed qua the applicants. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. October 28, 2025 Vinay/- A482 No. 8954 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench