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2025 DAILYLAW 154052 (ALL)

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

A482/6154/2025 · 2025-07-29

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43805 Court No. - 29 Case :- APPLICATION U/S 482 No. - 6154 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 Shree Prakash Singh,J. Sri Vinay Kumar Singh, Advocate has put in appearance and filed Vakalatnama on behalf of opposite party no. 2 which is taken on record. Heard learned counsel for the applicants, learned AGA for the State and Sri Vinay Kumar Singh, learned counsel appearing for opposite party no. 2 as well as perused the material placed on record. By means of the instant application under Section 482 Cr.P.C., the applicants have prayed for quashing of the entire proceedings of Criminal Case No. 39022 of 2024 (State Vs. Rakesh Kumar Gupta and Others), arising out of Case Crime No. 115 of 2023, under Sections 406 & 420 IPC, Police Station Kaiserbagh, District Lucknow, pending in the court of ACJM-I, Lucknow and chargesheet dated 11.01.2024 as well as summoning order dated 10.04.2024, on the basis of compromise dated 10.06.2025. Learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing. Thereafter, the applicants filed an Application U/s 482 No. 5113 of 2025 wherein this Court vide order dated 20.06.2025 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 14.07.2025. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings against the applicants may be quashed. Learned counsel appearing for opposite party no. 2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped. Learned counsel for the State has no objection to the submissions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 10.06.2025 and said compromise has been verified on 14.07.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicants. In view of the above, as the applicants and opposite party no. 2 have entered into compromise on 10.06.2025 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466. Resultantly, the proceedings of Criminal Case No. 39022 of 2024 (State Vs. Rakesh Kumar Gupta and Others), arising out of Case Crime No. 115 of 2023, under Sections 406 & 420 IPC, Police Station Kaiserbagh, District Lucknow, are hereby quashed. The compromise shall be part of this order. Consequences to be followed. The application is allowed accordingly. Order Date :- 29.7.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench