Anuj Kumar Gupta and 2 Others Vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

Anuj Kumar Gupta and 2 Others Vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection: no coercive action shall be taken against the applicants in Criminal Case No.1501 of 2015 (Case Crime No.402 of 2016-cited as 402 of 2015, Ss. 420, 467, 468, 471, 504, 506 IPC, P.S. Sambhal, District Sambhal) till the court below verifies the compromise by 18.04.2025; the protection is conditional, applies only to the applicants, and stands vacated on default of the conditions.

Issue for consideration

Whether the applicants are entitled to interim protection from coercive action in Criminal Case No.1501 of 2015 (Case Crime No.402 of 2015) during the interregnum period, subject to verification of the compromise by the court below.

Court's answer

The application is disposed of with a direction to the applicants to submit the self-attested copy of the present application along with the certified copy of the order before the court below.

Ratio / Principle

On such motion by the applicants, the court below shall endeavour to put the other party to notice and thereafter verify the compromise application allegedly filed by the applicant by 18.04.2025.

Key takeaways

Till the verification of the compromise is done, no coercive action shall be taken against the applicants in Criminal Case No.1501 of 2015, in Case Crime No.402 of 2015, State of U.P. vs. Anuj Kumar Gupta and others, under Sections 420, 467, 468, 471, 504, 506 IPC, P.S. Sambhal, District Sambhal.ratio¶13
The interim protection governs only the applicants, subject to strictly following the time fixed; in default of any of the conditions mentioned, the interim protection stands vacated, and post outcome of the compromise the parties will be free to legal recourse.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.) disposed of an application under Section 528 BNSS (Application No. 3653 of 2025) by Anuj Kumar Gupta and 2 others, who face trial in Criminal Case No.1501 of 2015 arising out of Case Crime No.402 of 2015, State of U.P. vs. Anuj Kumar Gupta and others, under Sections 420, 467, 468, 471, 504, 506 IPC, P.S. Sambhal, District Sambhal. The parties had entered into a compromise which was filed before the court of Judicial Magistrate, Sambhal on 12.7.2024, but the Magistrate had declined to compound the offences as they are not compoundable. The Court directed the applicants to submit the self-attested copy of the application with a certified copy of the order before the court below, and on such motion the court below was to put the other party on notice and verify the compromise by 18.04.2025. Until verification, no coercive action was to be taken against the applicants; the protection was confined to the applicants, conditional on strict adherence to the timeline, and stood vacated on default, with liberty to the parties to pursue legal recourse after the outcome of the compromise. Notices were not issued to opposite party no. 2, whose interest was treated as self-guarded.

Neutral Citation No. - 2025:AHC:20856

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 3653 of 2025

Applicant :- Anuj Kumar Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharm Vir Jaiswal,Harsh Vikram Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Heard Shri Harsh Vikram, learned counsel for the applicants and Sri Kuldeep Singh Chauchan, learned AGA/ for the Staterespondent.

In view of the order which is being proposed to be passed notices are not being issued to the opposite party no. 2 but their interest is self guarded.

Learned counsel for the applicants submits that though the Criminal Case No.1501 of 2015, in Case Crime No.402 of 2015, State of U.P. vs. Anuj Kumar Gupta and others, under Sections 420, 467, 468, 471, 504, 506 IPC, P.S. Sambhal, District Sambhal stood filed and thereafter proceedings stood initiated by the court of Judicial Magistrate, Sambhal. However, of late the parties have entered into a compromise a copy whereof is already on record annexure-7 at page 71 of the paper book stood filed before the court of Judicial Magistrate, Sambhal on 12.7.2024 in which there is an order passed that since the offences are not compoundable thus the Court is not in a position to compound the same.

Learned counsel for the applicants submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded

Learned AGA on the other hand submits that he has no objection to the same.

Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicant to submit the self attested copy of the present application along with the certified copy of the order before the court below

and on the motion so effectuated by the applicants, 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 18.04.2025.

Till the verification is done no coercive action shall be taken against the applicants in Criminal Case No.1501 of 2015, in Case Crime No.402 of 2015, State of U.P. vs. Anuj Kumar Gupta and others, under Sections 420, 467, 468, 471, 504, 506 IPC, P.S. Sambhal, District Sambha.

Needless to point out that the interim protection accorded to the applicants shall only govern the applicant subject to strictly following the time and in default any of the condition mention herein above the interim protection stand vacated.Post out come of the compromise the parties will be free to legal recourse.

Order Date :- 13.2.2025 piyush

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