Allahabad High Court
Vinay Gupta And 2 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 9 January, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:2467 Court No. - 28 Case :- APPLICATION U/S 482 No. - 135 of 2024 Applicant :- Vinay Gupta And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anil Kumar Maurya,Dr.Pramod Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama filed by Sri Gaurav Kumar Srivastava, Advocate on behalf of opposite party no.2 is taken on record.
2. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State.
3. The present application u/s482 Cr.P.C has been filed with prayer to quash the impugned charge sheet dated 02.06.2017 and summoning order dated 19.07.2017 as well as proceedings of Criminal Case No.27621 of 2017 (State of U.P. vs. Vinay Gupta & Others) pending before the learned Additional Chief Judicial Magistrate, Court No.26, Lucknow, arising out of Case Crime No.158 of 2016, under Sections 420, 384, 506 & 120-B IPC, Police Station- Aminabad, District- Lucknow as well as stay the further proceedings of the aforesaid case.
4. Contention of the learned counsel for the applicants is the both the parties have amicably settled their dispute which is reduced in writing as compromise deed dated 19.12.2023. The copy of the same is annexed as Annexure No.6 to the present application.
5. This fact is not disputed by learned counsel for the opposite party no.2.
6. Considering the aforesaid submission, the applicants are directed to file the aforesaid original compromise deed for verification before the trial court, i.e., the court of learned Additional Chief Judicial Magistrate, Court No.26, Lucknow, within a period of two weeks from today.
7. On filing the aforesaid compromise deed, the trial court shall verify the same after summoning the parties, within a period of two months.
8. The parties are at liberty to file a fresh petition for quashing of the impugned proceedings of the aforesaid case on the basis of certified copy of verified compromise deed.
9. For a period of two months, no coercive action shall be taken against the applicant in Criminal Case No.27621 of 2017 (State of U.P. vs. Vinay Gupta & Others) arising out of Case Crime No.158 of 2016, under Sections 420, 384, 506 & 120-B IPC, Police Station- Aminabad, District- Lucknow.
10. Office is directed to return the original copy of compromise deed to the learned counsel for the applicants after retaining the photocopy of the same.
Order Date :- 9.1.2024 Manoj K.