Sunil Kumar Shukla @ Sunil Kumar v. State of U.P. Thru. Chief Secy. Home Deptt. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11590 of 2024 Applicant :- Sunil Kumar Shukla @ Sunil Kumar Opposite Party :- State Of U.P. Thru. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajay Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Pankaj Dheer Singh Rana, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the parties and gone through the record. The present application has been filed by the applicants for the following main relief:- "i. To set aside the entire criminal proceedings of Criminal Miscellaneous Case No. 1153 of 2020 State Versus Ravikesh Mishra and others is pending in the court of learned Chief Judicial Magistrate, Ambedkar Nagar arising out of Case Crime No. 272 of 2019, Under Sections-406, 467, 468, 419, 420, 471, 504 & 506 I.P.C. Police Station-Akbarpur, District-Ambedkar Nagar along with chargesheet No. 70, 70A Dated 06.03.2020 & dated 01.12.2022, so far it relates to petitioner (at serial No.3 in chargesheet) as contained in Annexure No. 1 to this petition." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 8500 of 2024 and the documents in support thereof as also the submissions made by the learned counsel for the applicant, this Court vide order dated 21.09.2024 referred the matter to the concerned court/trial court for the purpose of verification of the compromise entered into between the parties. It further appears from the order of the trial court dated 19.10.2024 annexed at Page No. 74 of this application that the trial court has verified the compromise entered into between the parties. Based upon the aforesaid facts as also the observations made by the Hon'ble Apex Court in various pronouncements, learned counsel for the applicants stated that the instant application be allowed and pending proceedings in issue be quashed. Based upon the compromise entered into between the parties, learned counsel for the opposite party No. 2 also stated that the opposite party No. 2 does not want to continue with the proceeding in issue and the same may be quashed. Considering the aforesaid and also the submissions made by learned counsel for the parties and the nature of dispute/crime and also the observations made by the Hon'ble 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 arising out of Case Crime No. 272 of 2019, indicated 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 Arun/- High Court of Judicature at Allahabad, Lucknow Bench