Neutral Citation No. - 2025:AHC-LKO:8785
Court No. - 17 Case :- APPLICATION U/S 482 No. - 1256 of 2025
Applicant :- Maharoon Nisha
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another
Counsel for Applicant :- Ramkripal Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Shri Ram Singh, Advocate has filed Vakalatnama on behalf of respondent No.2 which is taken on record. The present case has been filed under Section 482 Cr.P.C. now under Section 528 of B.N.S.S. with the following main reliefs:-
"Wherefore it is most respectfully prayed that this Hon'ble Court may kindl be pleased to quashing of the chargeseet No.01/2023 dated 17.07.2023 submitted in Case Crime NO. 0455/2023 under Section 67A IT Act, Police Station Thakurganj, District Lucknow and quashing the order dated 20.03.2024 passed by the Special Chief Judicial Magistrate (Custom) Lucknow in Case No.31101 of 2024 "State vs. Maharoon Nisha" pending in the court of learned Special Chief Judicial Magistrate (Custom) Lucknow against the petitioners, as contained in Annexure No.2 & 3 to this petition on the basis of compromise executed between the applicant and complainant."
It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No.9294 of 2024 and the documents in support thereof as also the submissions made by the learned counsel for the applicant, this Court vide order dated 21.10.2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties.
It appears from the order dated 20.11.2024 (Annexure No.7) that the trial 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.
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.
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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, 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 :- 11.2.2025 Reena/-
(Manish Kumar,J.)
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