Allowed

Santosh Kumar Gupta and 2 Others v. State of U.P.and Another

Allahabad HC23 Sept 2022A482/6235/2022

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What is this about?

An applicant filed an application under Section 482 Cr.P.C. to quash criminal proceedings and an order based on a compromise. The High Court allowed the application after verifying that a valid compromise was entered and verified by the trial court, citing Gian Singh Vs. State of Punjab.

What did the court decide?

The proceedings of Case No.15916 of 2021 are quashed. The order dated 29.07.2021 passed by the Chief Judicial Magistrate, Varanasi, is also quashed.

Santosh Kumar Gupta and 2 Others Vs State of U.P.and… — Domestic Violence | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 6235 of 2022

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Applicant :- Santosh Kumar Gupta And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard Sri Rajesh Kumar Tiwari, learned counsel for applicants, Sri S. P. Mishra, learned counsel for the respondent no.2 as well as Sri S. K. Ojha, learned Additional Government Advocate for State and perused the record.

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The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.15916 of 2021 (State Vs. Santosh Kumar Gupta and others), under sections 498-A, 323, 504, 506, 354-B, IPC, Police Station Lalpur/Pandepur, District Varanasi, in respect of charge sheet No.01 of 2021 dated 15.01.2021, arising out of Case Crime No.45 of 2020, pending in the Court of Chief Judicial Magistrate, Varanasi and also quash the order dated 29.07.2021, passed by the Chief Judicial Magistrate, Varanasi, on the basis of compromise.

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It has been argued by learned counsel for the parties that the dispute between the parties has been amicably settled out side of the court by way of a compromise entered between the parties.

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This Court vide order dated 20.05.2022 directed the parties to appear before the learned trial court for verification of the original compromise entered between the parties.

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In compliance of the aforesaid order dated 20.05.2022 the parties have appeared before the learned trial court, who in the presence of both the parties has verified the original

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compromise vide its order dated 21.09.2022. The verification order is on record.

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Learned AGA for the State as well as learned counsel for the respondent no.2 could not dispute the aforesaid arguments of learned counsel for the applicants.

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On due consideration of the submissions advanced by learned counsel for the parties, perusal of record as well as perusal of the compromise verification order dated 21.09.2022, the application is allowed in view of the law laid down by Hon'ble Supreme Court, in the case of "Gian Singh Vs. State of Punjab".

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Accordingly, the proceeding of the aforesaid case is quashed.

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Order Date :- 23.9.2022 VKG

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Digitally signed by VIJAY KUMAR GUPTA Date: 2022.09.27 11:04:30 IST Reason: Location: High Court of Judicature at Allahabad

Santosh Kumar Gupta and 2 Others v. State of U.P.and Another

Case brief

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Santosh Kumar Gupta and 2 Others v. State of U.P.and Another

Case brief

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