Allahabad High Court
Rocky Gupta vs State Of U.P. And 2 Others on 21 August, 2025
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:144316 Court No. - 73 Case :- MATTERS UNDER ARTICLE 227 No. - 8113 of 2023 Petitioner :- Rocky Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pranshu Dwivedi,Ram Prakash Dwivedi Counsel for Respondent :- G.A.,Rakesh Kumar Tiwari Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the petitioner, learned counsel for the respondent Nos. 2 and 3 as well as learned AGA representing State-respondent No. 1 and perused the record.
2. The petitioner has invoked the supervisory jurisdiction of this Court under Article 227 of Constitution of India with the following relief:
"(i) Issue, order in nature of certiorari and set-aside the summoning order dated 21.01.2019 passed by learned Additional Chief Judicial Magistrate, Court no.1, Mainpuri and order dated 25.02.2020 passed by Sessions Judge, Mainpuri in Criminal Revision No. 10/2020 (Deepak Gupta Vs. Poonam and another) as well as quash the entire criminal proceeding of Case No. 638/2020 (State Versus Rocky Gupta and another) arising out of Crime No. 0281/2017 U/s 307 I.P.C, Police Station- Aunchha, District- Mainpuri, pending in the court of learned Additional Chief Judicial Magistrate, Court no.1, Mainpuri on the basis of compromise affidavit filed by opposite party nos. 2 and 3.
(ii) Stay the further proceeding of Case No. 638/2020 (State Versus Rocky Gupta and another) arises out of Crime No. 0281/2017, U/s 307 I.P.C, Police Station- Aunchha, District Mainpuri,) in the interest of justice."
3. During pendency of the criminal proceedings, both the parties have arrived at a compromise and settled their dispute amicably out of the Court. Having considered the amicable settlement arrived at between the parties, this Court, vide order dated 19.11.2024, has relegated the parties before the court below to get their compromise verified. For ready reference, orders dated 19.11.2024 is quoted herein below:
"1. Learned counsel for the respondent nos.2 and 3 has filed joint affidavit of petitioner and the contesting respondents, which is taken on record.
2. Office is directed to proceed accordingly.
3. Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State and learned counsel appearing for respondent nos.2 and 3.
4. By means of the instant petition under Article 227 of the Constitution of India, the petitioner has prayed for following prayer :-
"(i) issue an order in the nature of certiorari setting aside the summoning order dated 21.01.2019 passed by learned Additional Chief Judicial magistrate, Court No.1, Mainpuri and order dated 25.02.2020 passed by Sessions judge, Mainpuri in Criminal Revision No.10/2020 (Deepak Gupta v. Poonam and another) as well as quash the entire criminal proceeding of Case No.638/2020 (State v. Rockey Gupta and another) arising out of Case Crime No.0281 of 2017, under Section 307 IPC, Police Station- Aunchha, District- Mainpuri, pending in the court of learned ACJM, Court No.1, Mainpuri, on the basis of compromise filed by opposite party nos.2 and 3.
(ii) stay the further proceeding of Case No.638/2020 (State v. Rockey Gupta and another) arising out of Case Crime No.0281 of 2017, under Section 307 IPC, Police Station- Aunchha, District- Mainpuri, in the interest of justice."
5. It is submitted that during pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the Court. Learned counsel for the petitioner has laid emphasis on the certified copy of the application dated 06.03.2021 supported by an affidavit of respondent no.2 (first informant) and respondent no.3 (injured). Certified copy of the application and the supporting affidavit are collectively filed as Annexure No.12 to this petition. It is further submitted that in changed scenario, no dispute remains between the parties and they have buried the hatchet and wants to live peacefully. At present, there is no grudge against each other, therefore, to observe peace and tranquility between them, instant criminal proceedings may be decided on the basis of the compromise.
6. Learned counsel for the respondent nos.2 & 3 has nodded the submissions as raised by the learned counsel for the petitioner and admitted the factum of the compromise arrived at between the parties. He has pressed joint affidavit filed today in Court and contended that in the changed circumstances, wherein parties have entered into compromise, respondents nos.2 and 3 are no longer inclined to pursue the criminal proceedings against the accused (present petitioner). Therefore, proceedings may be decided on the basis of the compromise.
7. Learned Standing Counsel has no objection in relegating the parties before the court below to get their compromise verified.
8. In this conspectus, as above, both the parties are hereby directed to appear before the court concerned on 10/11.12.2024 to get their compromise verified. Learned court concerned shall verify the same in presence of both the parties after recording their statements and submit compromise verification report before this Court within a period of one month from the date of appearance of the parties.
9. List this matter on 17.02.2025 before appropriate Court along with the compromise verification report submitted/sent by the Trial Court, if any.
10. Until further order(s) of this Court, further proceedings arising out of Case No.638/2020 (State v. Rockey Gupta and another) arising out of Case Crime No.0281 of 2017, under Section 307 IPC, Police Station- Aunchha, District- Mainpuri shall remain stayed."
4. In compliance of the order dated 19.11.2024 passed by this Court, learned Additional Civil Judge (J.D.) Court No.1, Mainpuri has submitted the compromise verification report dated 15.02.2025 coupled with the compromise verification order dated 11.12.2024. Certified copy of the compromise verification order dated 11.12.2024 has been filed along with supplementary affidavit dated 18.02.2025 as well. As per compromise verification order, both the parties appeared before the court below and were identified by their respective counsels. The contents of the compromise have been spelled out to the parties who have admitted the factum of the compromise and stated that they have entered into compromise on their own volition without any duress and coercion. Accordingly, the compromise has been verified in presence of both the parties.
5. It is submitted by learned counsel for the petitioner that in the above eventuality of amicable settlement took place between the parties, instant petition may be allowed and the entire criminal proceedings may be quashed. It is further submitted that both the parties have entered into compromise out of their own volition without any duress and buried the hatchet. There is no grudges between them against each other. To quash the cognizance order as well as criminal proceeding, learned counsel for the petitioner has relied upon the following judgments of the Hon'ble Apex Court:- (i) B.S.Joshi & Others Vs. State of Haryana & Others; (2003) 4 SCC 675. (ii) Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 667. (iii) Manoj Sharma Vs. State & Others; (2008) 16 SCC 1. (iv) Gyan Singh Vs. State of Punjab (2012) 10 SCC 303. (v) Narindra Singh & Others Vs. State of Punjab (2014) 6 SCC 466.
6. In the matter of Narendra Singh and Others Vs. State of Punjab, reported in (2014) 6 SCC 466 and in a recent judgment of Naushey Ali and Others Vs. State of U.P. in Criminal Appeal No. 660 of 2025, decided on 11.02.2025, the Hon'ble Supreme Court has expounded the scope of quashing the offence under Section 307 I.P.C. on the basis of compromise and concluded that mere mentioning of Section 307 I.P.C. should not be made basis of adopting a hands off approach.
7. Learned A.G.A. has no objection, in case, the instant petition is decided by this Court on the basis of compromise took place between the parties, which is duly verified by the court concerned.
8. Learned counsel for the opposite party Nos. 2 and 3 has nodded the factum of the compromise entered into between the parties and he has no objection, if the instant application is decided finally on the basis of the said compromise. He also submits that compromise was verified in presence of both the parties, who have voluntarily entered into compromise and opposite party nos. 2 and 3 do not want to prosecute the present case against the petitioner any more as no dispute remains between the parties.
9. Having considered the compromise took place between the parties and with the assistance of the aforesaid guidelines, keeping in view the nature of gravity and severity of the offence, which are more particular in private dispute, it is deemed proper that in order to meet the ends of justice, the present proceeding should be quashed. In result, dispute between the parties will put to an end, peace will be resorted and relationship between them will be smooth. No useful purpose would be served to keep the present matter pending inasmuch as both the parties have buried the hatchet and as the time passes, it will be difficult to prove the guilt of the accused. The continuation of criminal proceeding would cause oppression and prejudice.
10. In view of the aforesaid pronouncements of the Hon'ble Apex Court and in the light of the compromise took place between the parties, duly verified by the court concerned, the present writ petition under Article 227 of Constitution of India, is hereby allowed. The entire criminal proceeding of the aforementioned case is hereby quashed.
11. Let a copy of the order be transmitted to the concerned lower Court for necessary action.
Order Date :- 21.8.2025 Sumit K.