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2025 DAILYLAW 146847 (ALL)

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

A482/5113/2025 · 2025-06-20

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35975 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5113 of 2025 Applicant :- Rakesh Kumar Gupta And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Roshan Lal,Narender Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Shri Himanshu Tiwari, Advocate holding brief of Shri Vinay Kumar 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 as well as learned A.G.A. for the State and perused the material available on record. 3. The instant application has been filed for quashing the entire proceeding of Criminal Case No.39022/2024 (State Vs. Rakesh Kumar Gupta & others), arising out of Case Crime No.115 of 2023, under Sections 406 & 420 I.P.C., Police Station- Kaiserbagh, District- Lucknow, pending in the Court of A.C.J.M.-Ist, Lucknow as well as charge sheet dated 11.01.2024 as also summoning order dated 10.04.2024 on the basis of compromise dated 10.06.2025. 4. Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.4 to the application. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 6. Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. 7. The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 8. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 9. Office is directed to return the original compromise deed to the learned counsel for the applicants, after retaining the photocopy of the same. Order Date :- 20.6.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench