Akshat Gupta and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC10 Apr 2025A482/2750/2025

Case brief

AI extract

What is this about?

Application under Section 482 CrPC read with Section 528 BNSS to quash a summoning order under Sections 504 and 506 IPC based on a compromise between the parties. The court issued notice to respondent no. 2 by bothways, granted time for steps and affidavit of service, and stayed coercive action against the applicants till the next date.

What the court decided

AI extract

Akshat Gupta and Another vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2025)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 2750 of 2025

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Applicant :- Akshat Gupta And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Himanshu Kumar Trivedi Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicants with the following main prayer:-

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"1) Allow the present petition of the petitioner to quash the summoning order dated 07.10.2022 arising out of Charge sheet dated 03.04.2022 in Case No. 115449/2022 pending before learned ACJM Vth, Lucknow arising out of Case Crime No. 0091/2022, dated 04.03.2022, under Section 504 & 506 Indian Penal Code, P.S. Jankipuram, Lucknow on the basis of compromise dated 18.06.2022 between the petitioner and opposite party no. 2."

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Learned counsel for the applicants has submitted that an FIR was lodged by the respondent no. 2 on 04.03.2022 under Sections 504 & 506 IPC, alleging therein that the applicants, who were tenants in the house of the respondent no. 2 after vacating the house had not handed over the keys of the house. When the brother of the respondent asked the applicant for handing over the keys, the applicant had asked for money and started hurling abuses and threatening him to life and the said entire conversation was recorded.

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It is further submitted that after lodging of the FIR, the keys were handed over to the respondent no. 2 and in pursuance thereof, a compromise agreement dated 17.06.2022 has been entered into between the parties, the original copy of the same has been enclosed as Annexure no. 5 to the paper book.

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On the other hand, learned AGA has opposed the application but unable to dispute the submission made by learned counsel for the applicants that a compromise has been entered into between the parties which is permissible as the allegations against the applicants or the chargesheet against the applicants has been filed under Sections 504 & 506 IPC.

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Issue notice to respondent no. 2, by bothways.

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Learned counsel for the applicants prays for and is granted a week's time for taking steps.

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Office is directed to provide copy of dasti notice to learned counsel for the applicants for the purpose of service upon respondent no. 2.

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List this case in the week commencing 28.04.2025 amongst top ten cases.

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By the next date of listing, the applicants shall file affidavit of service before this Court.

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Till the next date of listing, no coercive action shall be taken against the applicants in case no. 115449/2022, arising out of Case Crime No. 0091/2022 under Sections 504 & 506 IPC, P.S. Jankipuram, District Lucknow, pending before learned ACJM Vth, Lucknow.

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Order Date :- 10.4.2025 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Akshat Gupta and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Akshat Gupta and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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