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2025 DAILYLAW 160681 (ALL)

RAKESH KUMAR GUPTA AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

A482/7976/2022 · 2025-08-27

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7976 of 2022 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicants, Sri Dinesh Kumar, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record. 2. The instant application under Section 482 Cr.P.C./528 of the B.N.S.S.,2023 has been filed with the prayer to quash the impugned summoning & cognizance order dated 21.02.2022 passed by the Additional Chief Judicial Magistrate C.B.I(A.P) Lucknow in Case No. 72710/2021, Crime No.-385/2019, under sections 147,452, 323,504,506 IPC P.S- Thakurganj District-Lucknow and the entire proceeding of Case No.-72710/2021 Crime No.-385/2019 under sections 147,452,323,504,506 of IPC P.S- Thakurganj District-Lucknow, including the chargesheet no.1 dated 02.04.2021, pending before Add Judicial Magistrate C.B.I (A.P) Lucknow. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 30-07-2025, which has been annexed alongwith Supplementary Affidavit dated 19-08-2025. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the Versus Counsel for Applicant(s) : Abhishek Kumar Singh, Shubhangi Singh, Vineet Kumar Yadav Counsel for Opposite Party(s) : G.A., Dinesh Kumar, Niteesh Kumar, Rajeev Narayan Pandey, Shubham Srivastava Rakesh Kumar Gupta And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) criminal proceedings against the applicants may be quashed. 4. On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped. 5. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 6. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. 7. Accordingly, this application is disposed of with a direction to the 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. 8. The court 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. 9. For a period of three months, the proceedings arising out of Case No. 72710/2021, Crime No.-385/2019, under sections 147,452, 323,504,506 IPC P.S- Thakurganj District-Lucknow,shall remain stayed so far as present applicants are concerned. 10. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. 11. Office is directed to return the copy of original compromise deed to learned counsel for the applicants within a week. August 27, 2025 AKS A482 No. 7976 of 2022 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench