Shashank Bajaj and Another vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Civil Sectt. Lko and Another

Neutral Citation No. - 2025:AHC-LKO:31327

Court No. - 14

Case :- APPLICATION U/S 482 No. - 2671 of 2025

Applicant :- Shashank Bajaj And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Civil Sectt. Lko And Another Counsel for Applicant :- Shamshad Ahmad Khan Counsel for Opposite Party :- G.A.,Mahmood Alam,Shifali Rajput,Syed Saad Anwar

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Hon'ble Manish Kumar,J.

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Supplementary affidavit has been filed today, bringing on record the certified copy of the order of verification passed by the trial court on 14.05.2025, in pursuance of the order of this court dated 05.05.2025 , which is taken on record.

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Heard learned counsel for the applicants, learned A.G.A for the State and learned counsel for the respondent no. 2.

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The present application under Section 482 Cr.P.C/528 of B.N.S.S. has been preferred with the following main prayer:-

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" Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the impugned cognizance and summoning order dated 15.05.2024 passed by the learned ACJM 7th, Lucknow in Criminal Case No. 48738 of 2024 "State Vs. Shashank Bajaj and Ors" arising out of Case Crime No. 101 of 2023, under sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, 1961 against petitioners No. 1 & 2 AND under sections 498-A, 354, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, 1961 against petitioner No. 3, Police Station Manak Nagar, District Lucknow Western (Commissionerate Lucknow), And the impugned Charge Sheet dated 15.04.2024 filed in Case Crime No. 101 of 2023, under sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, 1961 against petitioners No. 1 & 2 AND under sections 498-A, 354, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, 1961 against petitioner No. 3, Police Station Manak Nagar, District Lucknow Western (Commissionerate Lucknow) as contained in Annexure no.1 and 2 respectively to this petition, And further the entire criminal proceedings of Criminal Case No. 48738 of 2024 "State Vs. Shashank Bajaj and Ors" arising out of Case Crime No. 101 of 2023, under sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, 1961 against petitioner No. 1 & 2 AND under sections 498-A, 354, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, 1961 against petitioner No. 3, Police Station Manak Nagar, District Lucknow Western (Commissionerate Lucknow) pending before learned ACJM 7th, Lucknow be also set aside/quashed, otherwise, the petitioners would suffer irreparable loss and injury which cannot be made good in or any event. "

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Learned counsel for the respective parties have submitted that a compromise dated 30.04.2025 (Annexure no. 1 to the application filed on 05.05.2025) entered into between the parties has been verified by the learned trial court by its order dated 14.05.2025 (Annexure no. S.A- 2)

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in pursuance of the order of this court dated 05.05.2025 passed by this Court in the present case.

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

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Considering the averments made in the Application U/S 482 Cr.P.C, the documents in support thereof as also the submissions made by the learned counsel for the applicants, it is found that the trial court, in pursuance of the aforesaid order of this court, has verified the compromise entered into between the parties vide order dated 14.05.2025.

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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 settlement 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

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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 applicants.

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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 :- 26.5.2025 DiVYa

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Shashank Bajaj and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Civil Sectt. Lko and Another

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