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2025 DAILYLAW 171141 (ALL)

KESHAV GUPTA AND 2 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/141/2024 · 2025-01-03

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:212 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 141 of 2024 Applicant :- Keshav Gupta And 2 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arvind Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Harish Kumar, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No.2747 of 2024; State Versus Keshav Gupta and others, arising out of Case Crime No.272 of 2024, under sections- 305, 352, 351 (2) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, relating to the Police Station-Kotwali, District- Sitapur, pending in the Court of learned Chief Judicial Magistrate, Sitapur, as well as impugned chargesheet no.260/24, dated 18.9.2024, submitted against the petitioners by the Investigating Officer in aforesaid case crime number, and impugned cognizance/summoning order dated 21.11.2024, passed by the learned Chief Judicial Magistrate, Sitapur, as contained in Annexure no.1 collectively to this petition, in the light of compromise, attained between the parties, in the interest of law and justice." Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 3 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned court within four week's from today. (ii) If the parties appear before the concerned court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order. (iv) The concerned court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. Order Date :- 3.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench