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2025 Supreme(All) 92
IN THE HIGH COURT OF
Manish Kumar, J.
Akash Mahajan - Appellant
Vs.
State Of
APPLICATION U/S 482 No. - 2183 of 2025
Decided On :
Advocate Appeared:
For the Appellant : Shobhit Harsh,Jatin Raheja
For the Respondent: G.A.
Inherent powers under Section 482 Cr.P.C. can be exercised to quash criminal proceedings when a valid compromise exists between the parties, preventing abuse of process.
Headnote:
(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of charge sheet and criminal proceedings - Application filed to quash charge sheet and summoning order under sections 200, 500, 504, 506 IPC and 66 IT Act - Compromise deed verified by trial court - Inherent powers can be exercised to prevent abuse of process of court and secure ends of justice - Criminal proceedings quashed based on settlement between parties. (Paras 3, 6, 7)
(B) Inherent Powers - The court emphasized that inherent powers under Section 482 can be invoked to prevent abuse of process and ensure justice, especially when a compromise has been reached. (Paras 6)
Facts of the case:
The applicant sought to quash a charge sheet and summoning order related to a criminal case involving allegations under IPC and IT Act. A compromise deed was entered into and verified by the trial court. (Paras 2, 3)
Findings of Court:
The court found that the compromise between the parties was valid and that continuing the proceedings would serve no useful purpose. (Paras 6, 7)
Issues: The main issue was whether the criminal proceedings could be quashed based on the compromise between the parties. (Paras 6)
Ratio Decidendi: The court ruled that given the verified compromise and the nature of the dispute, the criminal proceedings could be quashed to prevent abuse of process. (Paras 6)
Result: The entire proceedings are hereby quashed as far as it is related to the applicant.
JUDGMENT :
Manish Kumar, J.
1. Shri Abdul Ahad, Advocate has filed his vakalatnama on behalf of respondent no. 2 which is taken on record.
2. The present case has been filed under Section 482 Cr.P.C./528 of B.N.S.S. with the following main prayer:-
"1. Issue an order or direction for quashing the Charge sheet dated 22/08/2022 arising out of Case crime no./FIR no. 0246/2022, dated 11/07/2022, under sections 200, 500, 504, 506 I.P.C. & 66 I.T. Act, Police station- Hazratganj, District: Lucknow (U.P.), filed against the Applicant before the Hon'ble Court of Special Chief Judicial Magistrate (Custom), Lucknow which is contained in the Annexure No. 1 respectively to this Application.
2. Issue an order or direction for quashing the Summoning order dated 05/12/2022 passed by the learned trial Court of Special Chief Judicial Magistrate (Custom), Lucknow in criminal case no. 118183/2022, State Of Uttar Pradesh Versus Akash Mahajan, Under sections: 200, 500, 504, 506 I.P.C. & 66 I.T. Act, arising out of Case crime no./FIR no. 0246/2022, dated 11/07/2022, under sections 200, 500, 504, 506 I.P.C. & 66 I.T. Act, Police station- Hazratganj, District: Lucknow (U.P.)
3. Issue an order or direction for quashing the entire criminal proceedings of criminal case no. 118183/2022, State Of Uttar Pradesh Versus Akash Mahajan, Under sections: 200, 500, 504, 506 I.P.C. & 66 I.T. Act, arising out of Case crime no./FIR no. 0246/2022, dated 11/07/2022, under sections 200, 500, 504, 506 I.P.C. & 66 I.T. Act, Police station- Hazratganj, District: Lucknow (U.P.)"
3. Learned counsel for the respective parties have submitted that a compromise deed dated 17.01.2025 (Annexure No. 4) entered into between the parties has been verified by the learned trial court by its order dated 12.02.2025 (Annexure No. 6) in pursuance of the order of this Court dated 27.01.2025 passed in Application U/S 482 No. 712 of 2025 (Annexure No. 5).
4. Learned Counsel for the respondent no. 2 has submitted that he has no grudge or grievance against the present applicants now.
5. It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No.712 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 27.01.2025 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 12.02.2025 that the trial court has verified the compromise.
6. 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 (2
