Unnao, in Case (State v. Sarvesh and others), pending in the court of C.J

Shri Pawan Kumar Pandey, Advocate has put in appearance on behalf of opposite party no.2 by way of filing his Vakalatnama, which is taken on record. Heard learned counsel for the applicants, learned counsel for opposite party no.2, learned AGA for the State of U.P. and gone through the record. The present application has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding in Case Crime No.45/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, in Case (State Vs. Sarvesh and others), pending in the court of C.J (J.D) F.T.C (CAW) Court Unnao as well as impugned Summoning order dated 23.01.2025 and charge sheet dated 05.04.2022 as contained in Annexure no.1 - and 2 to this Petition." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No.1329 of 2025 along with connected Application u/s 482 No.1334 of 2025 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 12.02.2025 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties. The said order dated 12.02.2025 reads as under. "Shri Praveen Kumar Pandey, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, in Application Under Section 482CrPC No. 1329 of 2025, which is taken on record. Shri Amit Kumar, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, in Application Under Section U/S 482 CrPC No.1334 of 2025, which is taken on record. Heard learned counsel for the parties and gone through the record. The application U/S 482 No.-1329 of 2025 has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding in Case Crime No.45/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, in Case (State Vs. Sarvesh and others), pending in the court of C.J (J.D)/F.T.C (CAW) Court Unnao as well as impugned Summoning order dated 23.01.2025 and charge sheet dated 05.04.2022 as contained in Annexure no. 1 and 2 to this Petition." The application U/S 482 No.-1334 of 2025 has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding in Case Crime No.46/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, in Case (State Vs. Arvind @Arvind Kumar and Others), pending in the court of C.J (J.D)/F.T.C. (CAW) Court Unnao as well as impugned Summoning order dated 23.01.2025 and charge sheet dated 09.04.2022 as contained in Annexure no. 1 and 2 to this Petition." It is stated that in relation to the dispute related to the possession over the property, an application was preferred by opposite party No.2-Smt. Sangeeta to the City Magistrate, Unnao on 02.03.2022. It is further submitted that after the aforesaid an altercation took place between the parties on 03.03.2022. It is further stated that thereafter an F.I.R. was lodged by opposite party No.2, in Application U/S 482 No.1329/2025, on 04.03.2022, registered as F.I.R./Case Crime No.0045/2022, under Sections 354-Kha, 323, 504, 506, 147 I.P.C. at Police Station Makhi, District-Unnao. This F.I.R. No.0045/2022, dated 04.03.2022 indicates that on 03.03.2022 at about 8.00 A.M. applicant Nos. 1 to 4 assaulted the opposite party No. 2 and hurled abuses and also torn the cloths and snatched the golden locket belonging to the opposite party No.2/Smt. Sangeeta Verma and the opposite party No.2 at the relevant point of time was the Pradhan of the Village. After investigation, charge sheet was filed against the accused named in the F.I.R., namely (i) Sarvesh S/o Ram Khelawan, (ii) Sudhir S/o Satti Deen (iii) Sandeep S/o Satti Deen (iv) Sachin S/o Ram Khelawan (v) Smt. Soni Devi W/o Sudheer. It is stated that another F.I.R. was also lodged from the side of the applicants by applicant No.5-Smt. Soni Devi @ Soni W/o Sudheer @ Sudheer Kumar, in Application U/S 482 No.1329 of 2025, implicating (i) Arvind Kumar @ Arvind, (ii) Virendra Kumar, (iii) Surendra Kumar, (iv) Tribhuvan Kumar and (v) Smt. Sangeeta Verma W/o Arvind Kumar @ Arvind, who are applicant Nos. 1 to 5 in the Application U/S 482 No.1334/2025 making allegations therein to attract the Sections 354Kha, 323, 504, 506, 147 I.P.C. and this F.I.R. was also lodged on 04.03.2022, as F.I.R./Case Crime No.0046/2022, at Police Station-Makhi, District-Unnao. It is further stated that the Investigating Officer, after completion of the Investigation in relation to the F.I.R. No.0046/2022 filed charge sheet against named accused namely (i) Arvind Kumar @ Arvind, (ii) Virendra Kumar, (iii) Surendra Kumar, (iv) Tribhuvan Kumar and (v) Smt. Sangeeta Verma W/o Arvind Kumar @ Arvind. It is also submitted that from the aforesaid, it is apparent that on account of Village Party Bandi and dispute related to land, the F.I.R.s as aforesaid, were lodged from both the sides. It is further stated that during pendency of the proceedings before the trial court both the parties have resolved their dispute amicably, which is evident from the deed of compromise on record as Annexure No.4 in both the application(s). As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings, i.e. Case Crime No.45/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, (State Vs. Sarvesh and others), pending in the court of C.J (J.D)/F.T.C (CAW) Court Unnao and the parties to the proceedings, i.e. Case Crime Case Crime No.46/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, (State Vs. Arvind @ Arvind Kumar and Others), pending in the court of C.J (J.D)/F.T.C. (CAW) Court Unnao shall appear and file the compromise before the concerned Court within four week's from today. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within four week's from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicants of both the applications/petitions to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicants in both the applications/petitions, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicants in both the applications/petitions in the aforesaid case" It appears from the order dated 20.02.2025 (Annexure No.6) 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. 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, Sambhajirao Madhavarao Jiwajirao Scindia Vs. 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 Crime No.45/2022, quoted above, are hereby quashed qua the applicants. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 12.3.2025 Anand/- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Shri Pawan Kumar Pandey, Advocate has put in appearance on behalf of opposite party no.2 by way of filing his Vakalatnama, which is taken on record. Heard learned counsel for the applicants, learned counsel for opposite party no.2, learned AGA for the State of U.P. and gone through the record. The present application has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding in Case Crime No.45/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, in Case (State Vs. Sarvesh and others), pending in the court of C.J (J.D) F.T.C (CAW) Court Unnao as well as impugned Summoning order dated 23.01.2025 and charge sheet dated 05.04.2022 as contained in Annexure no.1 - and 2 to this Petition." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No.1329 of 2025 along with connected Application u/s 482 No.1334 of 2025 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 12.02.2025 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties. The said order dated 12.02.2025 reads as under. "Shri Praveen Kumar Pandey, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, in Application Under Section 482CrPC No. 1329 of 2025, which is taken on record. Shri Amit Kumar, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, in Application Under Section U/S 482 CrPC No.1334 of 2025, which is taken on record. Heard learned counsel for the parties and gone through the record. The application U/S 482 No.-1329 of 2025 has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding in Case Crime No.45/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, in Case (State Vs. Sarvesh and others), pending in the court of C.J (J.D)/F.T.C (CAW) Court Unnao as well as impugned Summoning order dated 23.01.2025 and charge sheet dated 05.04.2022 as contained in Annexure no. 1 and 2 to this Petition." The application U/S 482 No.-1334 of 2025 has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding in Case Crime No.46/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, in Case (State Vs. Arvind @Arvind Kumar and Others), pending in the court of C.J (J.D)/F.T.C. (CAW) Court Unnao as well as impugned Summoning order dated 23.01.2025 and charge sheet dated 09.04.2022 as contained in Annexure no. 1 and 2 to this Petition." It is stated that in relation to the dispute related to the possession over the property, an application was preferred by opposite party No.2-Smt. Sangeeta to the City Magistrate, Unnao on 02.03.2022. It is further submitted that after the aforesaid an altercation took place between the parties on 03.03.2022. It is further stated that thereafter an F.I.R. was lodged by opposite party No.2, in Application U/S 482 No.1329/2025, on 04.03.2022, registered as F.I.R./Case Crime No.0045/2022, under Sections 354-Kha, 323, 504, 506, 147 I.P.C. at Police Station Makhi, District-Unnao. This F.I.R. No.0045/2022, dated 04.03.2022 indicates that on 03.03.2022 at about 8.00 A.M. applicant Nos. 1 to 4 assaulted the opposite party No. 2 and hurled abuses and also torn the cloths and snatched the golden locket belonging to the opposite party No.2/Smt. Sangeeta Verma and the opposite party No.2 at the relevant point of time was the Pradhan of the Village. After investigation, charge sheet was filed against the accused named in the F.I.R., namely (i) Sarvesh S/o Ram Khelawan, (ii) Sudhir S/o Satti Deen (iii) Sandeep S/o Satti Deen (iv) Sachin S/o Ram Khelawan (v) Smt. Soni Devi W/o Sudheer. It is stated that another F.I.R. was also lodged from the side of the applicants by applicant No.5-Smt. Soni Devi @ Soni W/o Sudheer @ Sudheer Kumar, in Application U/S 482 No.1329 of 2025, implicating (i) Arvind Kumar @ Arvind, (ii) Virendra Kumar, (iii) Surendra Kumar, (iv) Tribhuvan Kumar and (v) Smt. Sangeeta Verma W/o Arvind Kumar @ Arvind, who are applicant Nos. 1 to 5 in the Application U/S 482 No.1334/2025 making allegations therein to attract the Sections 354Kha, 323, 504, 506, 147 I.P.C. and this F.I.R. was also lodged on 04.03.2022, as F.I.R./Case Crime No.0046/2022, at Police Station-Makhi, District-Unnao. It is further stated that the Investigating Officer, after completion of the Investigation in relation to the F.I.R. No.0046/2022 filed charge sheet against named accused namely (i) Arvind Kumar @ Arvind, (ii) Virendra Kumar, (iii) Surendra Kumar, (iv) Tribhuvan Kumar and (v) Smt. Sangeeta Verma W/o Arvind Kumar @ Arvind. It is also submitted that from the aforesaid, it is apparent that on account of Village Party Bandi and dispute related to land, the F.I.R.s as aforesaid, were lodged from both the sides. It is further stated that during pendency of the proceedings before the trial court both the parties have resolved their dispute amicably, which is evident from the deed of compromise on record as Annexure No.4 in both the application(s). As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings, i.e. Case Crime No.45/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, (State Vs. Sarvesh and others), pending in the court of C.J (J.D)/F.T.C (CAW) Court Unnao and the parties to the proceedings, i.e. Case Crime Case Crime No.46/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, (State Vs. Arvind @ Arvind Kumar and Others), pending in the court of C.J (J.D)/F.T.C. (CAW) Court Unnao shall appear and file the compromise before the concerned Court within four week's from today. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within four week's from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicants of both the applications/petitions to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicants in both the applications/petitions, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicants in both the applications/petitions in the aforesaid case" It appears from the order dated 20.02.2025 (Annexure No.6) 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. 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, Sambhajirao Madhavarao Jiwajirao Scindia Vs. 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 Crime No.45/2022, quoted above, are hereby quashed qua the applicants. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 12.3.2025 Anand/- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench