Devesh Gupta and Another Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Devesh Gupta and Another Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: one week granted to file the original compromise before the court below for verification on 10.06.2025 with all signatories present; applicants to file an affidavit with the certified copy of the verification order by the next date of listing; no coercive action against the applicants till the next date of listing; final consideration of the quashing prayer deferred.

Issue for consideration

Whether the charge sheet in Case Crime No. 137 of 2022 (Sections 323, 504, 506 IPC, P.S. Kaiserbagh), the summoning order dated 08.12.2022 and other consequential proceedings in Case No. 123522 of 2022 pending before the ACJM-I, Lucknow should be quashed in terms of the compromise dated 01.05.2025 entered into between the parties.

Ratio / Principle

A week's time was granted to the applicants to file the original copy of the compromise before the court below; the court below shall verify the compromise on 10.06.2025, on which date all signatories to the compromise executed on 01.05.2025 shall appear before the court concerned.

Key takeaways

The applicants shall file an affidavit bringing on record the certified copy of the order of verification passed by the concerned court by the next date of listing.ratio¶15
No coercive action shall be taken against the applicants till the next date of listing.ratio¶17
The case was listed in the first week of July, 2025, showing the name of Shri Vivek Tiwari as learned counsel for respondent no. 2.ratio

Detailed headnote1 paragraphs

Quashing application under Section 482 Cr.P.C./Section 528 BNSS founded on compromise — Applicants (Devesh Gupta and another) sought quashing of the charge sheet in Case Crime No. 137 of 2022 under Sections 323, 504, 506 IPC, P.S. Kaiserbagh, and of the summoning order dated 08.12.2022 with consequential proceedings, in Case No. 123522 of 2022 pending before the ACJM-I, Lucknow, in terms of a compromise deed dated 01.05.2025 annexed as Annexure No. 5. Counsel for the parties jointly stated that the dispute had been amicably settled outside court. The court (Hon'ble Manish Kumar, J.) granted one week to file the original compromise before the court below, directed verification of the compromise on 10.06.2025 with all signatories present, directed the applicants to file an affidavit with the certified copy of the verification order by the next date, listed the case in the first week of July, 2025 (showing Shri Vivek Tiwari as counsel for respondent no. 2), and directed that no coercive action be taken against the applicants till the next date of listing. Final decision on the quashing prayer deferred.

Court No. - 14

Case :- APPLICATION U/S 482 No. - 4358 of 2025

Applicant :- Devesh Gupta And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Prachish Pandey Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Shri Vivek Tiwari, learned counsel has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record.

Heard learned counsel for the applicants, learned A.G.A for the State and learned counsel for the private-opposite party.

The present application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been preferred with the following main prayer:-

" Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to:

(i) Quash the impugned charge sheet filed against the petitioners in Case Crime No. 137 of 2022 under Section 323, 504, 506 IPC P.S. Kaiserbagh, pending in the Court of Learned ACJM-I, Lucknow vide Case No. 123522 of 2022 and further be pleased to quash the impugned summoning order dated 08.12.2022 along with other consequential proceedings thereof in terms of compromise dated 01.05.2025."

Learned counsel for parties have jointly submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed dated 01.05.2025, duly signed by the parties, is annexed as Annexure No. 5 to the present application.

Learned counsel for the applicants has further prayed that liberty may be given to the applicants to file the original copy of the compromise along with the application before the trial court within a period of one week for the purpose of verification of compromise deed dated 01.05.2025, entered into between the parties and the court below may be directed to verify the compromise.

As prayed, a week's time is granted to the applicants to file the original copy of the compromise before the Court below and the court below shall verify the same on 10.06.2025 . On the said date, all the signatories to the compromise executed on 01.05.2025 shall appear before

the court concerned.

List this case in the first week of July, 2025, showing the name of Shri Vivek Tiwari, as learned counsel for respondent no. 2.

The applicants shall file an affidavit bringing on record the certified copy of the order of verification passed by the concerned Court by the next date of listing.

Office is directed to provide original compromise deed to the counsel for the applicant, after retaining its photocopy on record.

No coercive action shall be taken against the applicants till the next date of listing.

Order Date :- 27.5.2025 DiVYa

Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench