Disposed

Rajesh Gupta and Other v. State of U.P. and Another

Allahabad HC18 Jul 2024A482/22632/2024

Case brief

AI extract

What is this about?

Applicants sought direction that the trial court verify their compromise and decide the case in terms of it, as the offences under Sections 420, 406, 504 and 506 IPC are compoundable under Section 320 CrPC. The High Court disposed of the application directing the trial court to verify the compromise within 30 days and decide the matter accordingly.

What did the court decide?

Trial court directed to verify compromise within 30 days and decide the case in terms of it.

Rajesh Gupta and Other vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:114159

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 22632 of 2024

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Applicant :- Rajesh Gupta And Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Samarth Sinha Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard Sri Samarth Sinha learned counsel for the applicants as well as learned A.G.A. and perused the material on record.

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It is submitted by learned counsel for the applicants that applicant no. 2 has died and applicant no. 1 is still alive. It is further submitted that the present case was lodged against him with false allegations which was challenged before this Court in Application No. 5573 of 2021 under Section 482 Cr.P.C. and was decided on 13.09.2021 for moving discharge application before the learned court which was to be decided in accordance with law. Is is further submitted that the parties in this case have entered into compromise and compromise has already been filed before the learned trial court. It is also submitted that the offences said to be committed under Section 420, 406, 504 and 506 I.P.C. are compoundable, therefore, request to direct the learned trial court to get the compromise verified and then to decide the case in terms of compromise as provided under Section 320 Cr.P.C.

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Learned A.G.A. has no objection in this regard.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A., perusal of record and the fact that offences under Section 420, 406, 504 and 506 I.P.C. are shown to be compoundable under Section 320 Cr.P.C. and compromise has also been filed before the learned trial court as alleged by the learned counsel for the applicants, therefore, it is expedient to direct the learned trial court to get the compromise verified between the parties within a period of 30 days and then to decide the matter in terms of compromise in accordance with law.

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Accordingly, this application is disposed of finally.

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Order Date :- 18.7.2024/ Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Rajesh Gupta and Other v. State of U.P. and Another

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Rajesh Gupta and Other v. State of U.P. and Another

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