Kamlesh Vs State of U.P. Thru. Prin. Secy. Home Deptt. and 2 Others

Neutral Citation No. - 2025:AHC-LKO:21421

Court No. - 14

Case :- APPLICATION U/S 482 No. - 2293 of 2025 Applicant :- Kamlesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And 2 Others

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Counsel for Applicant :- Sudhir Kumar Rai Counsel for Opposite Party :- G.A.,Ravi Shankar Mishra

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Hon'ble Manish Kumar,J.

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The present case has been filed under Section 482 Cr.P.C. / 528 of B.N.S.S. with the following main relief:-

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"अततः परमम् सम्ममानननीय न्यमायमालय कके समक्ष यमाचनी कमा सवविनम्र वनविकेदन हह वक उसकके वविरूद्ध प्रस्तु आररोप पत्र ससंख्यमा त 145/2021 वदनमासंवकत 05.12.2021 ससंदवररत मतुकदममा अपरमाध ससंख्यमा 0157/2021 अन्तररत धमारमा 323,308,504,506 रमारतनीय दसंण्ड ससंवहतमा थमानमा बमारमा सरविर जनपद उनमावि वि उस पर पमाररत प्रससंजमान आदकेश वदनमासंक 23.02.2023 करो वनरस्त करतके हहए सत्र परनीक्षण ससंख्यमा 261/2024 सरकमार बनमाम कमलकेश जरो वक वविदमान अपर सत्र न्यमायमाधनीश न्यमाय कक्ष ससंख्यमा 7 उनमावि कके समक्ष प् र वतशनील हह। ककी प्रवक्रियमा करो समझझौतके कके आधमार पर खणण्डत वकयके जमानके कमा आदकेश पमाररत वकयके जमानके ककी ककपमा ककी जमाविके। "

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Learned counsel for the respective parties have submitted that a compromise dated 16.02.2025 entered into between the parties has been verified by the learned trial court by its order dated 02.04.2025 in pursuance of the order of this Court dated 20.03.2025 passed in the present application.

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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 present application and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 20.03.2025 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 02.04.2025 (Annexure No.3 to the S.A. filed today, which is taken on record) that the trial court has verified the compromise.

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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 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 :- 16.4.2025/S. Kumar

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

Kamlesh v. State of U.P. Thru. Prin. Secy. Home Deptt. and 2 Others

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