Pappu Gupta @ Munish Gupta v. State of U.P. and Another

Court No. - 92 Case :- APPLICATION U/S 482 No. - 22577 of 2022 Applicant :- Pappu Gupta @ Munish Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bheshaj Puri Counsel for Opposite Party :- G.A.,Sarvesh Pandey Hon'ble Anish Kumar Gupta,J.

¶1Heard Shri Bheshaj Puri, learned counsel for the applicant, Shri Amit Kumar Yadav holding brief of Shri Sarvesh Pandey, learned counsel for the opposite party no. 2 and Shri Pankaj Srivastava, learned A.G.A. for the State.

¶2The instant application under section 482 Cr.P.C. has been filed seeking quashing of the charge sheet no. 418 of 2021 and its cognizance and the summoning order dated 3.9.2021 arising out of case crime no. 332 of 2021 under sections 506 I.P.C. and 22/23 of U.P. Money Lending Act police station Fareedpur District Bareilly.

¶3Learned counsel for the applicant submits that there was a trivial financial dispute between the parties which has been settled amicably outside the court and a compromise has been executed between the parties. Vide order dated 1.8.2022 this Court had directed for verification of the compromise/settlement arrived at between the parties which has been duly verified as per the report dated 25.8.2023 submitted by the Civil Judge (JD)/Judicial Magistrate, Fareedpur Bareilly. The opposite party no. 2 has already received the amount due to him from the applicant herein, therefore, nothing survives in the matter.

¶4Therefore, in view of the judgements in the cases of Gian Singh Vs. State of Punjab and another (2012) 10 SCC 303, Narinder Singh and others Vs. State of Punjab (2014) 6 SCC 466 and Prabatbhai Aahir alias Prabatbhai Bhimsinghbhai Karmur and others Vs. State of Gujarat and another (2017) 9 SCC 641, the entire proceedings of the aforesaid criminal case are hereby quashed.

¶5The application is allowed. Order Date :- 22.11.2023 o.k. High Court of Judicature at Allahabad