Himayatullah @ Himayat Ullah And 2 Others v. State Of U.P. Thru. Prin. Secy. Deptt

Sri Niyaj Ahmad, learned Advocate has filed Vakalatnama on behalf of Respondent No.2, which is taken on record.

The present case has been filed under Section 482 Cr.P.C. / 528 of B.N.S.S. with the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No.993 of 2021 (New No. 2045 of 2025); "State Versus Himayatullah and others", arising out of Case Crime No.104 of 2020, under sections- 323, 325, 504 and 506 I.P.C., relating to the Police Station-Sammanpur, District- Ambedkar Nagar, pending in the Court of learned Chief Judicial Magistrate, Ambedkar Nagar, as well as impugned chargesheet no.A-107/20, dated 27.5.2020, submitted by the Investigating Officer against the petitioners and co-accused Aabid, under sections- 323, 325, 504, 506 I.P.C., in aforesaid Case Crime No.104 of 2020, as contained in Annexure no.2 to this petition, in the light of compromise, attained between the parties, so far as the same relate to the petitioners, in the interest of law and justice. "

Learned counsel for the respective parties have submitted that a compromise dated 24.02.2025 entered into between the parties has been verified by the learned trial court by its order dated 25.03.2025 in pursuance of the order of this Court dated 06.03.2025 passed in the Application U/s 482 No.2053 of 2025.

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

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 4.3.2025 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties.

It appears from the order dated 25.03.2025 (Annexure No. 6) that the trial court has verified the compromise.

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 allowing the criminal proceedings to continue.

Accordingly, present application is allowed. Consequently, the entire proceedings, quoted above, are hereby quashed as far as it is related to the 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 :- 30.5.2025 S. Kumar SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench