Manoj Gupta v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 5648 of 2020 Applicant :- Manoj Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Desh Ratan Chaudhary,Pramod Shukla Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant, learned counsel for respondent no.2 and the learned A.G.A.

¶2The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the entire proceeding of Misc. Case No.468 of 2016 (Case Crime No.262 of 2016) Sabina Srivastava Vs. Anil Kumar Goyal and Another under Sections 147, 323, 504, 506, 354, 354-A, 420 I.P.C., Police Station Kasna, District Gautambudh Nagar.

¶3Instant matter is arising out of Case Crime No.262 of 2016 which has been lodged on behalf of respondent no.2 relating to property/financial dispute. In the connected matter, being Application under Section 482 Cr.P.C. No.11064 of 2020, filed on behalf of co-accused namely Anil Kumar Goyal, an F.I.R. (Case Crime No.262 of 2016) has been quashed on the basis of compromise took place between the parties which was duly verified vide order dated 01.11.2023 passed by the court concerned, in pursuace of the order dated 16.10.2023 passed by this Court.

¶4The present applicant-Manoj Gupta is one of the accused in Case Crime No.262 of 2016 and he is signatory as well in the compromise which has been verified by the court concerned on

01.11.2023. Photograph of the first informant and both the accused namely Manoj Gupta and Anil Kumar Goyal are affixed at the reverse side of the first page of the compromise, where compromise verification order dated 01.11.2023 is endorsed as well.

¶5As such, in the light of the compromise took place between the parties, which has been duly verified by the court concerned, in pursuance of the order dated 16.10.2023 passed by this Court, wherein the present applicant is also one of the signatory, instant application is allowed as well on the basis of the observations made by this Court in the order of the date passed in connected Application under Section 482 Cr.P.C. No.11064 of 2020 and the entire criminal proceeding of the aforementioned case is hereby quashed.

¶6Let a copy of the order be transmitted to the concerned lower Court for necessary action. Order Date :- 7.12.2023 VR High Court of Judicature at Allahabad