ANUJ KUMAR GUPTA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/3653/2025 · 2025-02-12
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13824 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13824 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:20856 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3653 of 2025 Applicant :- Anuj Kumar Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharm Vir Jaiswal,Harsh Vikram Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Shri Harsh Vikram, learned counsel for the applicants and Sri Kuldeep Singh Chauchan, learned AGA/ for the State- respondent. 2. In view of the order which is being proposed to be passed notices are not being issued to the opposite party no. 2 but their interest is self guarded. 3. Learned counsel for the applicants submits that though the Criminal Case No.1501 of 2015, in Case Crime No.402 of 2015, State of U.P. vs. Anuj Kumar Gupta and others, under Sections 420, 467, 468, 471, 504, 506 IPC, P.S. Sambhal, District Sambhal stood filed and thereafter proceedings stood initiated by the court of Judicial Magistrate, Sambhal. However, of late the parties have entered into a compromise a copy whereof is already on record annexure-7 at page 71 of the paper book stood filed before the court of Judicial Magistrate, Sambhal on 12.7.2024 in which there is an order passed that since the offences are not compoundable thus the Court is not in a position to compound the same. 4. Learned counsel for the applicants submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded
5. Learned AGA on the other hand submits that he has no objection to the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicant to submit the self attested copy of the present application along with the certified copy of the order before the court below
and on the motion so effectuated by the applicants, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicant by 18.04.2025. 7.
7. Till the verification is done no coercive action shall be taken against the applicants in Criminal Case No.1501 of 2015, in Case Crime No.402 of 2015, State of U.P. vs. Anuj Kumar Gupta and others, under Sections 420, 467, 468, 471, 504, 506 IPC, P.S. Sambhal, District Sambha. 8. Needless to point out that the interim protection accorded to the applicants shall only govern the applicant subject to strictly following the time and in default any of the condition mention herein above the interim protection stand vacated.Post out come of the compromise the parties will be free to legal recourse. Order Date :- 13.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad