Ram Gopal Gupta vs State Of U.P. And Another
2023 Latest Caselaw 23012 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:171050
 
Court No. - 93
 

 
Case :- APPLICATION U/S 482 No. - 30876 of 2023
 

 
Applicant :- Ram Gopal Gupta
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Abhishek Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Abhishek Tripathi, learned counsel for the applicant, learned A.G.A. for the State and learned counsel for opposite party no.2.

The instant application has been moved on behalf of the applicant to quash the charge sheet dated 04.06.2016, cognizance and summoning order dated 17.09.2016 and charge framing order dated 24.10.2016 as well as further proceedings of Case No.41799 of 2016 (State Vs. Ram Gopal Gupta), arising out of Case Crime No.180 of 2015, under Sections 406, 419, 420, 467, 468, 471 IPC, Police Station Gwaltoli, District Kanpur Nagar, pending in the court of Metropolitan Magistrate, Court No.VII, Kanpur Nagar.

Contention of learned counsel for the applicants is that the dispute between the parties is purely private in nature which has been settled by the parties amicably and which is also produced in written compromise.

This Court vide order dated 10.07.2023 directed to the parties to file compromise deed before the court below with further direction to the court below to verify the same after summoning the parties and send his report to this Court.

In pursuance of order dated 10.07.2023 of this Court passed in Application U/S 482 No. - 24232 of 2023, learned Metropolitan Magistrate, Court No.VII, Kanpur Nagar has verified the compromise dated 18.07.2023 and submitted its report dated 18.07.2023 along with copy of verified compromise.

The fact of verification of compromise is not disputed by learned counsel for opposite party no.2.

Considering the aforesaid facts as well as law laid down by the Apex Court in the judgment of Gian Singh Vs. State of Punjab & Another (2012) 10 SCC 303, Narinder Singh & Others Vs. State of Punjab & Another (2014) 6 SCC 477 and State of M.P. Vs. Laxmi Narayan, AIR 2019 SC 1296 and State of M.P. Vs. Dhruv Gurjar, AIR 2017 SC 1106, the proceeding of Case No.41799 of 2016 (State Vs. Ram Gopal Gupta), arising out of Case Crime No.180 of 2015, under Sections 406, 419, 420, 467, 468, 471 IPC, Police Station Gwaltoli, District Kanpur Nagar, pending in the court of Metropolitan Magistrate, Court No.VII, Kanpur Nagar, is hereby quashed.

In view of the aforesaid observations, the application is allowed.

Order Date :- 23.8.2023

Atul