Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 30143 (ALL)

SALEEM v. STATE OF U.P. AND ANOTHER

A482/19628/2023 · 2025-02-26

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:27521 Court No. - 85 Case :- APPLICATION U/S 482 No. - 19628 of 2023 Applicant :- Saleem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Prakash Dubey,Lavkush Dixit Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicant, learned counsel for opposite party No. 2, learned A.G.A. for the State of U.P. and perused the record. 2. The present application has been filed for quashing the entire Criminal proceedings pending as Case No. 64 of 2023 (State versus Saleem), Case Crime No. 098 of 2019, under Section 307 I.P.C., Police Station-Rohta, District-Meerut before Additional Chief Judicial Magistrate, Meerut including the charge sheet dated 07.12.2019 under Section 308 I.P.C. as well as cognizance order dated 18.11.2022 on the basis of compromise dated 01.05.2023. 3. Taking note of the facts of the case, this Court vide order dated 24.05.2023 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties and the same is quoted hereinbelow:- "Sri Deepak Kumar, Advocate has filed valakalatnama on behalf of opposite party no.2, the same be kept on record. Learned counsel for the applicant and learned counsel for opposite party no.2 are present. The attention of the Court is drawn towards the paper no. 43 of the paper book, whereby the parties are said to have arrived at a compromise. The section involved is 308 IPC, hence, the prayer is made to issue a direction for the trial court to verify the compromise deed of the parties, so that it may be placed before the Court for further orders. The parties are said to have arrived at a compromise. In the compromise deed, it has been mentioned that the injured sustained injuries due to fire works being enjoyed by the children there. The first informant, as per this compromise, is not supporting the prosecution version, hence, the chance of conviction are remote and bleak. To proceed with the case would be wastage of time of the Court and the parties itself, hence, the parties are directed to appear before the trial court within 15 days from today alongwith their compromise deed. If the parties appear before the trial court within the time stipulated, the trial court shall verify the said compromise deed, pass a verification order thereon and transmit the certified copy of the verified compromise deed alongwith the certified copy of the verification order passed thereon, to this Court within 15 days thereafter. List on 02.08.2023. Till then, no coercive action shall be taken against the applicant in Case No.64 of 2023 (State Versus Saleem) arising out of Case Crime No.098 of 2019, under Sections 308 I.P.C., Police Station Rohta, District Meerut, pending in the court of Additional Chief Judicial Magistrate, Meerut." 4. It appears from the order dated 06.06.2023 of the trial court that the compromise has been verified, 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 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 arising out of Case No. 64 of 2023 (State versus Saleem), quoted above, are hereby quashed qua the applicant. 6. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 27.2.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad