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2025 DAILYLAW 87944 (ALL)

DR. SHRIKRISHAN GUPTA v. STATE OF U.P. AND ANOTHER

NA528/31011/2025 · 2025-08-21

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144524 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 31011 of 2025 Applicant :- Dr. Shrikrishan Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surita Singh,Vikram Shah Sisodia Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Vikram Shah Sisodia, learned counsel for the applicant and Sri Sudhir Kumar Chandraul, learned AGA for the State. 2. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceeding of complaint case no. 1527 of2022 (Girish Chandra Srivastava Versus Dr. Shrikrishan Gupta) under section 138 of N.I. Act, police station Baradari District Bareilly pending in the Court of Additional Chief Judicial Magistrate Court no.1, Bareilly in terms of compromise dated 26.02.2024. 3. Learned counsel for the applicant submits that during the pendency of the aforesaid proceedings the parties have themselves compromised 26.2.2024 certified copy of the same is (Annexure-5 at page 51) onwards relevant extract on page 55 of the paper book reference whereof has been made in paragraph no.9 of the application. He submits that the compromise application has been filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded. 4. Learned AGA on the other hand does not submit that once the parties have entered into compromise then it is for them the direction be issued to the court below to verify the compromise. 5. Considering the submissions so made across the bar as well as stand taken by them, the application stands disposed of directing the applicant to approach theCourt of Additional Chief Judicial Magistrate Court no.1, Bareilly while filing a self- attested copy of the present application and certified copy of the order by 29.8.2025. 6. On the receipt of the same, the court below shall furnish the compromise so filed by the parties and shall conclude the process for verification. 7. Till the disposal of the compromise application, no coercive action shall be taken against the applicant in pursuance of entire proceeding of complaint case no. 1527 of2022 (Girish Chandra Srivastava Versus Dr. Shrikrishan Gupta ) under section 138 of N.I. Act police station Baradari District Bareilly, pending in the Court of Additional Chief Judicial Magistrate Court no.1, Bareilly in terms of compromise dated 26.02.2024. 8. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench. 9. It is always open for the applicant to take legal recourse, subject to the fate of the outcome of the compromise application. 10. True copy of the compromise application be returned subject to furnishing of the photocopy. Order Date :- 22.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad