Gaurav Malik and 3 Others Vs State of U.P. Thru. Station House Officer Police Station Krishna Nagar Lko. U.P. and Another

Neutral Citation No. - 2025:AHC-LKO:8738

Court No. - 17

Case :- APPLICATION U/S 482 No. - 1239 of 2025

Applicant :- Gaurav Malik And 3 Others Opposite Party :- State Of U.P. Thru. Station House Officer Police Station Krishna Nagar Lko. U.P. And Another Counsel for Applicant :- Saksham Singh Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Shri Manish Jauhari, Advocate has filed his vakalatnama on behalf of respondent no. 2, which is taken on record.

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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:-

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" Wherefore it is most respectfully prayed that this Hon'ble court may kindly be pleased to summon the records in original and the entire proceedings of case no. 85380 of 2014 having case crime no. 502 of 2013 under section 498A, 323,504,506 & 3/4 Dowry Protection Act and proceedings under section 13 of Domestic Violence Act having case no. 1550 of 2014 both pending in the Court of Learned 7th Additional Chief Judicial Magistrate, Lucknow, Court No 31, Lucknow may be quashed in the interest of justice.

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Furthermore the Hon'ble Court may be pleased to stay the proceedings of proceedings of case no. 85380 of 2014 having case crime no. 502 of 2013 under section 498A, 323,504,506 & 3/4 Dowry Protection Act and proceedings under section 13 of Domestic Violence Act having case no. 1550 of 2014 pending in the Court of Learned 7th Additional Chief Judicial Magistrate, Lucknow, Court No 31, Lucknow till the pendency of present petition in the interest of Justice "

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Learned counsel for the respective parties have submitted that a compromise dated 22.03.2024 entered into between the parties has been verified by the learned trial court by its order dated 18.01.2025 in pursuance of the order of this Court dated 16.12.2024 passed in Application U/S 482 No. 11337 of 2024.

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Learned Counsel for the respondent no. 2 has submitted that he has no grudge or grievance against the present applicants now.

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It appears that after considering the averments made in the

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Application U/S 482 Cr.P.C. No. 11337 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 16.12.2024 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 18.01.2025 (Annexure No.2) 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.

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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 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

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chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue.

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Accordingly, present application is allowed . Consequently, the entire proceedings, quoted above, are hereby quashed as far as it is related to the 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 :- 11.2.2025 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Gaurav Malik and 3 Others v. State of U.P. Thru. Station House Officer Police Station Krishna Nagar Lko. U.P. and Another

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Gaurav Malik and 3 Others v. State of U.P. Thru. Station House Officer Police Station Krishna Nagar Lko. U.P. and Another

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