DR. PRASOON GUPTA AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER
A482/7612/2025 · 2025-09-16
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162679 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162679 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7612 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Shri Shivansh Agrawal, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2, the same is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the opposite party no.2 and perused the record. 3. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:-
"(i) To quashed the charge sheet bearing no. 1/2019 dated 24-06-2019 as contained in annexure no. 3 pertaining to criminal case no. 50387/2020 arising out of (State of UP Vs Prasoon Gupta & others) crime no. 415/2019 U/S 147,323,504 IPC. P.S. Gazipur, Lucknow pending in the court of Spl. Chief Judicial Magistrate (Custom), Lucknow, (ii) To quashed the Summoning order dated 04.12.2020 as contained in annexure no. 4 where the Learned Spl. Chief Judicial Magistrate (Custom), Lucknow has taken cognizance upon the charge sheet bearing no. 1/2019 dated 24-06-2019 pertaining to criminal case no. 50387/2020 arising out of (State of UP Vs Prasoon Gupta & others) crime no. 415/2019 U/S 147,323,504 IPC. P.S. Gazipur, Lucknow pending in the court of Spl. Chief Judicial Magistrate (Custom), Lucknow and all the proceedings consequent thereto. Versus Counsel for Applicant(s) : Devashish Bhatt Counsel for Opposite Party(s) : G.A. Dr. Prasoon Gupta And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another .....Opposite Party(s)
(iii) quashed the entire proceedings arising out of crime no. 415/2019 U/S 147,323,504 IPC. P.S. Gazipur, Lucknow pending in the court of Spl. Chief Judicial Magistrate (Custom), Lucknow."
4. The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 14.02.2022. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 04.09.2024, the verification was done and report has been submitted to this Court vide order dated 24.02.2025. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of F.I.R./ Case Crime No.415/2019 may be quashed. 5.
Learned counsel for the opposite party no.2 has also supported the contention of the learned counsel for the applicants and submits that parties have amicable settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped. 6. Learned counsel for the State has no objection to the contention aforesaid. 7. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 14.02.2022 and said compromise has been verified on 24.02.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to F.I.R./ Case Crime No.415/2019. 8. In view of the above, as the applicants and opposite parties have entered into compromise on 14.02.2022 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 Judgements 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 A482 No. 7612 of 2025 2
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. 9. Accordingly, the proceeding of criminal case no. 50387/2020 arising out of (State of UP Vs Prasoon Gupta & others) crime no. 415/2019 U/S 147,323,504 IPC. P.S. Gazipur, Lucknow, is hereby quashed. 10. The compromise shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to record. September 16, 2025 Mohd. Sharif A482 No. 7612 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench