Gaurav Mittal and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Gaurav Mittal and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application not finally decided; notices issued to opposite party No. 2 returnable at an early date; matter to be put up on 1.12.2025 as fresh; interim protection - till the next date of listing, no coercive action shall be taken against the applicants.

Issue for consideration

Whether the proceedings against the applicants can be quashed on the basis of the certified and duly verified compromise deed read with the order dated 19.8.2025 recording identification of the parties, the terms of the compromise, and its acceptance out of their own sweet will. +1 more

Ratio / Principle

Although the previous order directing verification of the compromise exists and the compromise has been verified, in the interest of justice the application cannot finally be allowed without affording an opportunity of hearing to the opposite party No. 2.

Key takeaways

Notices shall be issued to the opposite party No. 2, returnable at an early date.ratio¶¶13
As an interim measure, till the next date of listing, no coercive action shall be taken against the applicants.ratio¶¶17

Detailed headnote1 paragraphs

Quashing on the basis of verified compromise - hearing of opposite party No. 2 required before final decision; interim protection from coercive action granted. An earlier application (APPLICATION U/S 482 No. - 18811 of 2023, Gaurav Mittal and 3 others Vs. State of U.P. and another) was disposed off vide order dated 16.04.2025 with a direction for verification of the compromise entered into between the parties, leaving it open to file a fresh application under Section 528 BNSS for quashing of the proceeding on the basis of the verified compromise. On the present application (No. - 44087 of 2025), learned counsel relied on the certified copy of the compromise deed and an order dated 19.8.2025 recording identification of the parties, the terms of the compromise, and its acceptance out of their own sweet will. Holding that, although the previous verification order exists and the compromise stands verified, in the interest of justice the application cannot finally be allowed without affording an opportunity of hearing to opposite party No. 2, the Court (Rajiv Lochan Shukla, J.) directed issue of notices to opposite party No. 2 returnable at an early date, put up the matter on 1.12.2025 as fresh, and ordered that till the next date of listing no coercive action shall be taken against the applicants. Order dated November 12, 2025; High Court of Judicature at Allahabad, Court No. - 83.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 44087 of 2025

Gaurav Mittal And 3 Others

.....Applicant(s)

Versus

State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : G.A.

Court No. - 83

HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Vide order dated 16.04.2025, earlier APPLICATION U/S 482 No. - 18811 of 2023 ( Gaurav Mittal and 3 others Vs. State of U.P. and another ) was disposed off with a direction for verification of the compromise entered into between the parties, leaving it open to the parties to file a fresh application under Section 528 BNSS for quashing of the proceeding on the basis of the verified copy of the compromise.

2. Sri Avinash Pandey, Learned counsel for the applicants, has relied upon the certified copy of the compromise deed as well as order dated 19.8.2025, which has recorded identification of the parties and the terms of the compromise. It has also been mentioned in the order that the parties have accepted the said compromise out of their own sweet will.

3. Sri Pandey, Learned Advocate, on the strength of the above-mentioned order and the compromise deed, which has been duly verified, contends that proceedings be quashed.

4. Although, the previous order directing for verification of the compromise exists and the said compromise has also been verified, however, in the interest of justice, this application cannot finally be allowed without affording an opportunity of hearing to the opposite party No.2.

5. In these circumstances, let the notices be issued to the opposite party No.2 returnable at an early date.

NA528 No. 44087 of 2025

2

6. Put up this matter on 1.12.2025, as fresh.

7. Till the next date of listing, no coercive action shall be taken against the applicants.

(Rajiv Lochan Shukla,J.)

November 12, 2025

Sachin

Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad