Kapil Sharma vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Kapil Sharma vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicant in Criminal Case No. 27 of 2023 (arising out of Case Crime No. 540 of 2017, Sections 447, 504, 506, 511 I.P.C., P.S. Gajraula) until the court below verifies the compromise application by 20.05.2025; applicant directed to appear before the court below on 28.02.2025 with self-attested copy of the application; protection lapses automatically on default.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 27 of 2023, arising out of Case Crime No. 540 of 2017 under Sections 447, 504, 506, 511 I.P.C., Police Station Gajraula (State v/s Kapil Sharma & others), pending before the Additional Judge (Junior Civil Division)/Judicial Magistrate-4, District Amroha, should be quashed under Section 482 CrPC in view of the compromise reportedly entered into between the parties on 09.01.2025.

Ratio / Principle

The application stands disposed of; the applicant is directed to appear before the court below on 28.02.2025 along with the self-attested copy of the present application.

Key takeaways

On receipt of the self-attested copy, the court below shall endeavour to put the other party to notice and thereafter verify the compromise application by 20.05.2025.ratio¶¶10
Till the verification of the compromise application submitted by the parties is completed, no coercive action shall be taken against the applicant in the proceedings of Case No. 27 of 2023 arising out of Case Crime No. 540 of 2017 pending before the Additional Judge (Junior Civil Division)/Judicial Magistrate-4, District Amroha.ratio¶¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Vikas Budhwar, J.; Court No. 74; Neutral Citation 2025:AHC:20962) disposed of APPLICATION U/S 482 No. 3488 of 2025 filed by applicant Kapil Sharma seeking quashing of the entire proceedings of Criminal Case No. 27 of 2023, arising out of Case Crime No. 540 of 2017 under Sections 447, 504, 506, 511 I.P.C., Police Station Gajraula, State v/s Kapil Sharma & others, pending before the Additional Judge (Junior Civil Division)/Judicial Magistrate-4, District Amroha, on the strength of a compromise entered into between the parties on 09.01.2025 (Annexure 1, page 17/18 of the paper book). Notice was not issued to opposite party No. 2 in view of the proposed order. The applicant was directed to appear before the court below on 28.02.2025 with the self-attested copy of the application; the court below was directed to notify the other party and verify the compromise application by 20.05.2025. Interim protection was accorded in the form of no coercive action against the applicant till verification, subject to compliance with the prescribed terms and timeline, failing which the order stands vacated without reference to the Bench; the parties remain free to take legal recourse post outcome of the compromise.

Neutral Citation No. - 2025:AHC:20962

Court No. - 74

Case :- APPLICATION U/S 482 No. - 3488 of 2025

Applicant :- Kapil Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajneesh Kumar Sharma Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Heard Sri Ankitnaam Deo holding brief of Sri Rajneesh Kumar Sharma, learned counsel for the applicant as well as Sri Muniraj Mehrotra, learned AGA for the State.

In view of the order which is being proposed to be passed, notice is not being issued to opposite party No. 2.

This application under Section 482 of the Code of Criminal Procedure filed for quashing the entire proceedings of Criminal Case No. 27 of 2023 arising out of Case Crime No. 540 of 2017, Under Sections 447, 504, 506, 511 I.P.C., Police Station Gajraula, State v/s Kapil Sharma & others, pending in the court of Additional Judge (Junior Civil Division)/Judicial Magistrate-4, District Amroha. Learned counsel for the applicant has invited attention towards Annexure 1 at page 17/18 of the paper book reference whereof has been made in para 5 that the parties have entered into compromise on 09.01.2025. He submits that direction be issued for verification and in the meantime interim protection be accorded.

Learned AGA, on the other hand, submits that once as per the applicant, compromise application has been preferred then the direction be issued for verification of the same.

Considering the said submission, the application stands disposed of directing the applicant to appear before the court below on 28.02.2025 along with the self attested copy of the present application. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application, as alleged to have been filed by the applicant, by 20.05.2025 .

Till the verification is done in the compromise application so

submitted by the parties, no coercive action shall be taken against the applicant in the proceedings of Case No. 27 of 2023 arising out of Case Crime No. 540 of 2017, Under Sections 447, 504, 506, 511 I.P.C., Police Station Gajraula, State v/s Kapil Sharma & others, pending in the court of Additional Judge (Junior Civil Division)/Judicial Magistrate-4, District Amroha. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise.

Order Date :- 13.2.2025 Rajesh

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