ASHISH GAUTAM and OTHERS v. STATE OF U.P. and ANOTHER
A482/2872/2018 · 2025-05-14
Om Prakash Shukla
body2025
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[ 2025 DAILYLAW 148026 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148026 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28544 Court No. - 30 Case :- APPLICATION U/S 482 No. - 2872 of 2018 Applicant :- Ashish Gautam And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayodhya Prasad Mishra,Vinod Kumar Singh Counsel for Opposite Party :- Govt. Advocate,Gibran Akhtar Khan,Pankaj Dheer Singh Rana,T.N.Yadav,Vinay Kumar Dubey with Case :- APPLICATION U/S 482 No. - 951 of 2022 Applicant :- Ashish Gautam Opposite Party :- State Of U.P. Through Principal Secretary Home And Another Counsel for Applicant :- Vinod Kumar Singh,Kaushal Kumar Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the applicants, learned counsel for opposite party No.2 and learned A.G.A. for the State. Since both the above applications arise out of same set of facts and are connected, therefore, they are being heard and decided by a common order treating the Application U/S 482 No.2872 of 2018 as the leading one. The present application has been filed by the applicants for quashing of the charge sheet dated 04.08.2017 as well as cognizance order and summoning order dated 12.10.2017 passed by learned Additional Chief Judicial Magistrate, District-Lucknow in Case No.939/2017, under Section 498A/323/506/342/354 I.P.C. and Section 3/4 Dowry Prohibition Act arising out of Case Crime No.572/2016 under Section 498A/323/506/342/376(2) I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Krishna Nagar, District- Lucknow.
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 is on record as Annexure-SA-1 to the supplementary
affidavit.
Learned counsel appearing for opposite party No. 2 does not dispute the above facts rather he concedes the same. It is jointly prayed by the parties' counsel that on the basis of compromise, the proceedings impugned are liable to be quashed. 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. On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the instant applications under Section 482 Cr.P.C. are disposed of directing the parties to appear before the learned trial court for verification of the compromise. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a copy of verification report to the parties. The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today. 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. 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. (Om Prakash Shukla, J.)
Order Date :- 14.5.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench