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2025 DAILYLAW 173651 (ALL)

RAHULA @ DEEPAK KUMAR GUPTA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

/10113/2025 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10113 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Shri Anand Pratap Singh, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party No. 2, which is taken on record. Heard learned counsel for the applicant(s), learned AGA for the State as well as learned counsel for the opposite party No.2 and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief :- "i. quash the entire criminal proceedings pending in the Civil Judge (JD)/FTC(CAW) Sitapur, in Criminal case no.3130/2021 State Versus Rahul@ Deepak Kumar Gupta and others, including impugned Charge Sheet No.003/2021, filed on 14.01.2021 in Case Crime No. 01/2021, U/s- 498-A 323,506 IPC & Section 3/4 D.P. Act Police Station-Hargaon, District -Sitapur and the cognizance order dated 12.04.2021 appended on the impugned charge sheet, on the basis of joint compromise dated 19.09.2025 drawn/executed between the opposite party no. 2 and petitioners., contained as Annexure No. 1, to this petition. ii. stay the further proceedings of Criminal Case No. 3130/2021, State Versus Rahul@ Deepak Kumar Gupta and others, pending before Civil Judge (JD)/FTC(CAW) Sitapur, during pendency of present petition." It is 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.1 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. Versus Counsel for Applicant(s) : Jiyauddeen Counsel for Opposite Party(s) : G.A. Rahula @ Deepak Kumar Gupta And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) 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, i.e. Criminal Case No.3130/2021 (State Versus Rahul@ Deepak Kumar Gupta and others), arising out of Charge Sheet No.003/2021 relating to Case Crime No. 01/2021, U/s-498-A, 323,506 IPC & Section 3/4 D.P. Act, Police Station-Hargaon, District -Sitapur, 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 four 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 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. November 28, 2025 ML/- A482 No. 10113 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench