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2025 DAILYLAW 120122 (ALL)

GAGAN GUPTA ( AS PER PROSECUTION GAGAN BOSH) AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. HOME LKO. AND ANOTHER

A482/748/2025 · 2025-01-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5474 Court No. - 12 Case :- APPLICATION U/S 482 No. - 748 of 2025 Applicant :- Gagan Gupta ( As Per Prosecution Gagan Bosh) And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. And Another Counsel for Applicant :- Tushar Mittal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Anjani Kumar Mishra, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicants, learned Counsel for the opposite party no.2, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire as well as consequential proceedings of Case No. 4798 of 2025 (State vs Ravindra Pandey and Another), arising out of Case Crime No. 1150/2018, registered at Police Station Chinhat, District Lucknow, pending under Sections 406, 504, 506 IPC before the Ld. Court of Additional Chief Judicial Magistrate III, Room No. 27, Lucknow as well as the impugned summoning order, dated 10.01.2025 passed by Ld. Court of Additional Chief Judicial Magistrate - III. Room No. 27, Lucknow in Case No. 4798 of 2025 (State vs Ravindra Pandey and Another), arising out of Case Crime No. 1150/2018, registered at Police Station Chinhat, District Lucknow, whereby, the Applicants have been summoned as accused under Sections 406, 504, 506 IPC and also the impugned charge-sheet, dated 17.06.2019, under Sections 406, 504, 506 IPC filed against the Applicants in Case Crime No. 1150/2018 registered at Police Station Chinhat, District Lucknow. Furthermore, this Hon'ble Court may graciously be pleased to stay the proceedings of Case No. 4798 of 2025 (State vs Ravindra Pandey and Another), arising out of Case Crime No. 1150/2018, registered at Police Station Chinhat, District Lucknow, pending under Sections 406, 504, 506 IPC before the Ld. Court of Additional Chief Judicial Magistrate III, Room No. 27, Lucknow, during the pendency of the instant application under Section 528 BNSS." Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, the instant application is disposed of finally in following terms:- (i) The parties to the proceedings i.e. Case No. 4798 of 2025 (supra), shall appear before the concerned Court within six weeks from today and file the compromise. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within two weeks' from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicants to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, to the Counsel for the applicants, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 28.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench