Dr. Alok Kumar Gupta and Ors v. The State of U.P. and Anr

Court No. - 28 Case :- APPLICATION U/S 482 No. - 5319 of 2016 Applicant :- Dr. Alok Kumar Gupta And Ors. Opposite Party :- The State Of U.P. And Anr. Counsel for Applicant :- Arun Sinha,Pankaj Kumar Shukla,Pranshu Agrawal Counsel for Opposite Party :- Govt. Advocate,Adarsh Kumar Tripathi,R.P. Mishra,Vivek Pandey Hon'ble Shree Prakash Singh,J. The application under section 482 Cr.P.C. bearing no. 3259 of 2018, Vikram Singh Vs. State of U.P. and Another, is de-linked from the instant application. Heard Sri Pankaj Kumar Shukla, learned counsel for the applicants, Sri Adarsh Kumar Tripathi, learned counsel for opposite party no. 2, Sri Anirudh Kumar Singh, learned A.G.A.-I for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the complaint case no. 896 of 2013, Jogendra Singh Vs. Atul Kumar Gupta and others, pending in the court of learned Ist Additional Civil Judge(Junior Division), District-Gond and the proceedings of the case Jogendra Singh Vs. Atul Kumar Guipta and Others and the summoning order dated 03-03-2015 passed by the Judicial Magistrate-I,Gonda and the order dated 04-08-2016 issuing the bailable warrants against the applicants. Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 01-10-2023, which has been annexed with the application dated 10-10-2023. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed. On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. For a period of two months, the proceedings initiated in pursuance of complaint case no. 896 of 2013, Jogendra Singh Vs. Atul Kumar Gupta and others, pending in the court of learned Ist Additional Civil Judge(Junior Division), District-Gond and the proceedings of the case Jogendra Singh Vs. Atul Kumar Guipta and Others and the summoning order dated 03-03-2015 passed by the Judicial Magistrate-I,Gonda and the order dated 04-08-2016 issuing the bailable warrants against the applicants, shall remain stayed so far as the present applicants are concerned. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. OfÏce is directed to return the copy of original compromise deed to learned counsel for the applicants forthwith. Order Date :- 17.10.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench