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2025 DAILYLAW 131975 (ALL)

ASHISH KUMAR GUPTA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2896/2025 · 2025-04-05

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19065 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2896 of 2025 Applicant :- Ashish Kumar Gupta And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shivam,Abhishek Misra Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Vakalatnama filed by Shri Hari Om Singh, Advocate on behalf of opposite party no.2 is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record. 3. The present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) has been filed by the applicants for quashing of the entire criminal proceedings of Case No. 4225 of 2014 (Nishi Gupta Vs. Ashish Gupta and another) under Sections 498-A and 504 IPC, Police Station Mahila Thana, District Lucknow pending in the court of learned Civil Judge (Junior Division), Lucknow. 4. Learned counsel for the applicants submits that the dispute between the parties have been amicably settled outside the court by way of compromise. The original copy of the compromise deed dated 17.03.2025 is on record as Annexure-3 to the application. 5. Learned counsel appearing for opposite party no.2 does not dispute the above facts rather she concedes the same. 6. It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed. 7. Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed. 8. On due consideration of the arguments advanced by the parties' counsel and perusal of the record, the petition is disposed of with direction to the parties to appear before the learned trial court on 16.04.2025 for verification of the compromise dated 17.03.2025. Learned trial court shall verify the contents of the compromise in the presence of parties and provide a copy of verification report to the parties. 9. The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today. 10. It will be open for the applicants to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties. 11. It has been submitted by learned counsel for applicants that applicant no. 2 is medically unwell and unable to move and consequently, a prayer has been made for her appearance before the trial court for verification of the compromise through video conferencing. 12. The said request may be made in this regard before the trial court and liberty is granted for filing material to the satisfaction of the trial court. If the trial court is satisfied, it may permit the appearance of applicant no. 2 through video conferencing. 13. Office is directed to return original copy of the compromise to learned counsel for the applicant after keeping the photocopy of the same on record. 14. With the aforesaid observations/directions, this application under Section 482 Cr.P.C. is disposed of. . (Alok Mathur, J.) Order Date :- 5.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench