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2025 DAILYLAW 10127 (ALL)

SUNIL GUPTA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/2293/2025 · 2025-03-09

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34887 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2293 of 2025 Applicant :- Sunil Gupta And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Varun Shukla,Yateesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Short counter affidavit filed by Shri Neeraj Singh on behalf of opposite party no. 2 is taken on record. 2. Heard Shri Varun Shukla, learned counsel for the applicants and Sri S.K. Singh, learned AGA for the State-respondent as well as Shri Neeraj Singh, counsel for opposite party no. 2. 3. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Session Trial No. 508 of 2023 (State Vs. Sunil Gupta and others), arising out of case crime no. 85 of 2022, under Sections 323, 504, 506, 336 IPC, Police Station- Nagra, District Ballia, pending before the court of learned Additional District & Sessions Judge/ Fast Track Court-I, Ballia. 4. Learned counsel for the applicants submits that an FIR stood lodged under Sections 323, 504, 506, 336 IPC being FIR No. 0085 on 21.04.2022 but the parties have themselves compromised and the compromise application has been filed before the Court of Additional District and Sessions Judge, FTC-I, Ballia (Annexure-3 at page 23), however, the same has been rejected that the offences are not compoundable on 10.04.2024. Learned counsel for the applicants submits that the verification be done and the order dated 10.12.2024 be set aside. 5. Learned AGA as well as counsel for opposite party no. 2 on the strength of the averments contained in the counter affidavit submits that the order dated 10.12.2024 be set aside and a direction be issued to verify the compromise. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands partly allowed. The order dated 10.12.2024 of the Additional District and Sessions Judge, FTC-I, Balia is set aside. 7. The applicants shall submit a self-attested copy of the present application and certified copy of the order by 27.03.2025. 8. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification by 23.05.2025. 9. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Session Trial No. 508 of 2023 (State Vs. Sunil Gupta and others), arising out of case crime no. 85 of 2022, under Sections 323, 504, 506, 336 IPC, Police Station- Nagra, District Ballia, pending before the court of learned Additional District & Sessions Judge/ Fast Track Court-I, Ballia. 10. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench. 11. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 10.3.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad