Habib and 6 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11599 of 2024 Applicant :- Habib And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shri Prakash Verma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Adil Aziz Khan and Sri Aman Agarwal, learned Advocates have filed their Vakalatnama on behalf of opposite party no.2, 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:- "i. To set aside the entire criminal proceedings of Criminal Case No. 2784 of 2018 "State Versus Habib and 6 others" pending in the court of learned Additional Chief Judicial Magistrate-I, Lakhimpur-Kheri arising out of Case Crime No.371 of 2017, under sections-147, 148, 308, 323, 325 & 504 I.P.C. Police Station-Phoolbehad, District-Kheri alongwith summoning order dated 01.11.2018 and chargesheet dated 26.01.2018 as contained in Annexure No. 1 & 2 to this petition." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 9942 of 2024 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 08.11.2024 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 25.11.2024 (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 and the nature of dispute/crime 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, 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 of Criminal Case No. 2784 of 2018 (Supra), indicated in the prayer, quoted above, are hereby quashed. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 18.12.2024 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench