Ravikant Mishra Vs State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

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Neutral Citation No. - 2024:AHC-LKO:65356

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8507 of 2024

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Applicant :- Ravikant Mishra

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Supriya Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Sri Arvind Kumar Shukla, Advocate alongwith Sri Narendra Swaroop, Advocate put in appearance for the private opposite party no. 2 and has filed the Vakalatnama, which is taken on record.

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Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record.

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The present application has been filed by the applicants for the following main relief:-

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"For the facts, reasons and circumstances stated in the accompanying Affidavit, this Hon'ble court may kindly be pleased to quash the entire proceedings of Criminal Case No.13219/2024 (State Versus Ravikant Mishra) initiated against the petitioner in pursuance of the impugned charge sheet dated 2.8.2023 as well as summoning order dated 9.2.2024 passed by learned Additional Chief Judicial Magistrate- Second, Court No.26, Lucknow in Criminal Case No. 13219/2024 (State Versus Ravikant Mishra) arising out of Case Crime No.256/2023, under sections- 352, 504, 506 IPC, Police Station-Indira Nagar, District- Lucknow in terms of the verified compromise deed dated 12.8.2024 as well as its verification report dated 5.9.2024 prepared by Additional Chief Judicial Magistrate-Second, Court No.26, Lucknow in the interest of justice (as contained in Annexure No.1&2 respectively to this petition).

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It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of initiated against the petitioner in pursuance of the impugned charge sheet dated 2.8.2023 as well as summoning order dated 9.2.2024 passed by learned Additional Chief Judicial Magistrate-Second, Court No.26, Lucknow in Criminal Case No.13219/2024 (State Versus Ravikant Mishra) arising out of Case Crime No.256/2023, under sections- 352, 504, 506 IPC, Police Station- Indira Nagar, District- Lucknow, during pendency of the instant petition in the interest of justice."

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It appears that after considering the averments made in the Application U/S 482 No. 7507 of 2024 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 28.08.2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties.

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It appears from the order dated 05.09.2024 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.

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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 Ramgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, 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 as also taking note of 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.256/2023, indicated above, are hereby quashed qua the applicant.

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Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.

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Order Date :- 21.9.2024 Vinay/-

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ravikant Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

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Ravikant Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

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