Ram Kumar v. State of U.P. Thru. Addl. Chief Secy. Civil Sectt. Lko. and 3 Others
Case brief
What is this about?
Single-judge Lucknow Bench order dismissing a Section 482 application (Ram Kumar v. State of U.P. & 3 others, 2025:AHC-LKO:7497) that sought reversal of an ACJM Court No. 1, Unnao order dated 06.08.2024 in Criminal Misc. Case No. 1565 of 2023. Key points for retrieval: dispute characterised as primarily civil in nature; applicant had not moved on the civil side to rescind the alleged agreement; so long as the agreement subsists, no offence is prima facie made out against the accused; trial court's opinion endorsed; petition dismissed. Useful where counsel argues that an unrescinded civil agreement precludes a prima facie criminal offence.
What did the court decide?
The dispute is primarily civil in nature, and the applicant has made no attempt on the civil side to set aside the alleged agreement; consequently the agreement continues to subsist.