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2024 DIGILAW 1802 (ALL)

Ghanshyam Maurya v. State of Uttar Pradesh

2024-08-02

SAURABH LAVANIA

body2024
JUDGMENT : SAURABH LAVANIA, J. 1. Heard. 2. The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed to quash the impugned charge sheet related to Criminal Case No. 32012 of 2021 (State vs. Ghanshyam Maurya and Others), arising out of Case Crime No. 243 of 2019 pending before A.C.J.M.-Ist, Lucknow. 3. It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 5414 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 21.06.2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties. 4. It appears from the order dated 15.07.2024 (Annexure No. 4) that the court concerned 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. 5. Considering the aforesaid as 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 Romgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab, 2012 (10) SCC 303 , Mohd. Ibrahim Vs. State of Uttar Pradesh 2022 SCC Online All 106, Gold Quest International Ltd. Vs. State of Tamil Nadu, 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. 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. 243 of 2019, indicated above, are hereby quashed. 6. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.