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Heard learned counsel for the applicant, learned AGA for the State of U.P. and gone through the record. The present application has been filed by the applicant for the following main relief(s):- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the proceeding of Case No. 1949/2023 arising out from Case Crime No. 0464/2022 under section 419,420,323,504,506,509 I.P.C & 3(2)(5a) SC/ST Act, Police Station- Gudumba, District Lucknow pending in the Court of Special Judge SC/ST Act Lucknow. It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceeding of Case No. 1949/2023 arising out from Case Crime No. 0464/2022 under section 419,420,323,504,506,509 I.P.C & 3(2)(5a) SC/ST Act, Police Station- Gudumba, District- Lucknow pending in the Court of Special Judge SC/ST Act Lucknow during pendency of instant petition." It appears that on the basis of the submissions made by the learned counsel for the applicant, this Court vide its order dated 28.11.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. It also appears that in compliance of order of this Court dated 28.11.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on 08.01.2025 thereby indicating that the parties were present and they have admitted that they have entered into an agreement voluntarily. The relevant contents of the SETTLEMENT AGREEMENT are extracted hereunder:- "6. The following settlement has been arrived at between the Parties hereto:- A. That the parties have agreed that the First Party shall pay a sum of Rs.6,50,000/-(Rupees Six Lakhs Fifty Thousand only) to the Second Party towards one time full and final settlement of all the disputes of the Second Party against the First Party with regard to Case No.1949/2023, arising out of F.I.R. No./Case Crime No.-0464/2022 U/S-419, 420, 323, 504, 506, 509 I.P.C. & 3(2) (5a) SC/ST Act P. S. Gudumba, District-Lucknow pending in the Court of SC/ST Act Lucknow. Accordingly the First Party has handed over a Demand Draft No.523819 dated 06.01.2024 amounting to Rs.6,50,000/-(Rupees Six Lakhs Fifty Thousand only) drawn on Indian Overseas Bank to the Second Party today i.e. 08.01.2025 and receipt of the same is acknowledged by the Second Party. B. That the two children of the Second Party are studying in the School namely Light World Academy School run by the First Party and the First Party had agreed to adjust the arrears of the fees including the current academic session of both the children of the Second Party. C. That the First Party has also agreed that he will also bear the fees of the two children of the Second Party for the next two years in Light World Academy School which is run by the First Party free of cost. D. That the Second Party shall not have any objection if the APPLICATION U/s 482 No.2770 of 2024 (Vinod Kumar Yadav Vs State of U. P. & Another) is allowed and the Case No.1949/2023, F.I.R. No./Case Crime No.-0464/2022 U/S-419, 420, 323, 504, 506, 509 I.P.C. & 3(2) (5a) SC/ST Act P. S. Gudumba, District-Lucknow pending in the Court of SC/ST Act Lucknow is quashed by the Hon'ble Court in terms of this Settlement Agreement. E. The parties have agreed that apart from mentioned case, if any other case(s) civil or criminal is pending or filed in future between the parties or their agents/representatives/successors as regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. F. That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of any dispute arising out of their present dispute or any matter incidental thereto. G. That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of 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. 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 arising out of Case No. 0464/2022, quoted above, are hereby quashed qua 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 :- 10.2.2025 Arun/-
Heard learned counsel for the applicant, learned AGA for the State of U.P. and gone through the record. The present application has been filed by the applicant for the following main relief(s):- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the proceeding of Case No. 1949/2023 arising out from Case Crime No. 0464/2022 under section 419,420,323,504,506,509 I.P.C & 3(2)(5a) SC/ST Act, Police Station- Gudumba, District Lucknow pending in the Court of Special Judge SC/ST Act Lucknow. It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceeding of Case No. 1949/2023 arising out from Case Crime No. 0464/2022 under section 419,420,323,504,506,509 I.P.C & 3(2)(5a) SC/ST Act, Police Station- Gudumba, District- Lucknow pending in the Court of Special Judge SC/ST Act Lucknow during pendency of instant petition." It appears that on the basis of the submissions made by the learned counsel for the applicant, this Court vide its order dated 28.11.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. It also appears that in compliance of order of this Court dated 28.11.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on 08.01.2025 thereby indicating that the parties were present and they have admitted that they have entered into an agreement voluntarily. The relevant contents of the SETTLEMENT AGREEMENT are extracted hereunder:- "6. The following settlement has been arrived at between the Parties hereto:- A. That the parties have agreed that the First Party shall pay a sum of Rs.6,50,000/-(Rupees Six Lakhs Fifty Thousand only) to the Second Party towards one time full and final settlement of all the disputes of the Second Party against the First Party with regard to Case No.1949/2023, arising out of F.I.R. No./Case Crime No.-0464/2022 U/S-419, 420, 323, 504, 506, 509 I.P.C. & 3(2) (5a) SC/ST Act P. S. Gudumba, District-Lucknow pending in the Court of SC/ST Act Lucknow. Accordingly the First Party has handed over a Demand Draft No.523819 dated 06.01.2024 amounting to Rs.6,50,000/-(Rupees Six Lakhs Fifty Thousand only) drawn on Indian Overseas Bank to the Second Party today i.e. 08.01.2025 and receipt of the same is acknowledged by the Second Party. B. That the two children of the Second Party are studying in the School namely Light World Academy School run by the First Party and the First Party had agreed to adjust the arrears of the fees including the current academic session of both the children of the Second Party. C. That the First Party has also agreed that he will also bear the fees of the two children of the Second Party for the next two years in Light World Academy School which is run by the First Party free of cost. D. That the Second Party shall not have any objection if the APPLICATION U/s 482 No.2770 of 2024 (Vinod Kumar Yadav Vs State of U. P. & Another) is allowed and the Case No.1949/2023, F.I.R. No./Case Crime No.-0464/2022 U/S-419, 420, 323, 504, 506, 509 I.P.C. & 3(2) (5a) SC/ST Act P. S. Gudumba, District-Lucknow pending in the Court of SC/ST Act Lucknow is quashed by the Hon'ble Court in terms of this Settlement Agreement. E. The parties have agreed that apart from mentioned case, if any other case(s) civil or criminal is pending or filed in future between the parties or their agents/representatives/successors as regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. F. That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of any dispute arising out of their present dispute or any matter incidental thereto. G. That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of 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. 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 arising out of Case No. 0464/2022, quoted above, are hereby quashed qua 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 :- 10.2.2025 Arun/-