Disposed

Sajal Gupta and 5 Others v. State of U.P. and Another

Allahabad HC9 Oct 2023A482/32905/2023

Case brief

AI extract

What is this about?

Applicants filed an application under Section 482 Cr.P.C. seeking quashment of summons and underlying proceedings. The court noted that parties had amicably settled the dispute via a compromise deed filed before the trial court. The court disposed of the application and ordered appearance before the trial court.

What did the court decide?

Application disposed; applicants directed to appear before trial court for verification of settlement; coercive measures stayed for five weeks.

Sajal Gupta and 5 Others Vs State of U.P… — Contract and Commercial Disputes | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:193533

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 32905 of 2023

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Applicant :- Sajal Gupta And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shobhit Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Vakalatnama filed today by Sri Anuj Dutt Mishra, Advocate, on behalf of the opposite party no.2, is taken on record.

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Heard learned counsel for the applicants, Sri Anuj Dutt Mishra, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the impugned summoning order dated 06.06.2022 passed by learned Additional Chief Judicial Magistrate, Court No.4, Moradabad as well as entire proceeding of Complaint Case No.597 of 2017 (Anurag Agrawal vs. Surbhiwala Gupta and others), under Sections 420 & 406 I.P.C, Police Station-Katghar, District- Moradabad, pending in the court of Additional Chief Judicial Magistrate, Court No.4, Moradabad.

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Learned counsel for the applicants submits that parties have amicably settled their dispute out of the Court and have filed settlement deed. Copy of the compromise deed dated 22.05.2023 has been filed as Annexure -3 to the affidavit. Compromise deed has been filed before the trial court.

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Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the fact.

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Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order and compromise deed on the next date fixed. It is, therefore, expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein.

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In view of the above, the present application is disposed of .

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For a period of five weeks, no coercive measure shall be taken against the applicants.

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Order Date :- 9.10.2023 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Sajal Gupta and 5 Others v. State of U.P. and Another

Case brief

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Sajal Gupta and 5 Others v. State of U.P. and Another

Case brief

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