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[Cites 4, Cited by 0]

Allahabad High Court

Guru Prasad Gupta vs State Of U.P. And Another on 4 May, 2026





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2026:AHC:101748
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 18214 of 2026   
 
   Guru Prasad Gupta    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Devendra Kumar Patel   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A., Mohammad Shahil   
 
     
 
 Court No. - 78
 
   
 
 HON'BLE NAND PRABHA SHUKLA, J.      

1. Heard Sri Devendra Kumar Patel, learned counsel for the applicant, Mohammad Shahil, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record.

2. The present application under Section 528 B.N.S.S. has been filed to allow this application and to quash the charge-sheet dated 22.06.2023 as well as order of cognizance/summoning dated 19.04.2024 and the entire criminal proceedings of Case No.7932 of 2024, (State of U.P. Vs. Guru Prasad Gupta), arising out of Case Crime No.420 of 2023, under sections 498A, 323, 504 IPC, Police Station-Kotali, District Fatehpur, pending in the court of learned Civil Judge (J.D.)/F.T.C., (Related to Crimes Against Women) District Fatehpur.

3. Learned counsel for the applicant submits that the applicant and opposite party no.2 have amicably settled their disputes through compromise dated 03.04.2026 which has been placed as Annexure No. "6" to the application. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law.

4. Learned counsel for the opposite party No. 2 does not dispute the submissions advanced by the learned counsel for the applicant or correctness of the documents relied upon by him.

5. Learned A.G.A., however, submits that it is the Trial Court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicant may approach the concerned Court and move an application with respect to compromise between the parties, which will be decided in accordance with law.

6. In view of above, without expressing any opinion on the merits of the case, both the parties are directed to appear in person before the Trial Court along with compromise deed as well certified copy of this order within three weeks from today. It is expected that Court concerned may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, after giving opportunity of hearing to both the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.

7. 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 applicant to approach this Court again for quashing of the proceedings.

8. Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicant in the aforesaid case.

9. With the aforesaid directions, this application is disposed of.

(Nand Prabha Shukla,J.) May 4, 2026 Puspendra