Sarvesh Kumar v. State of Upand Another

Allahabad HC22 Aug 2025A482/11544/2024

Case brief

AI extract

What is this about?

Allahabad High Court, APPLICATION U/S 482 No. 11544 of 2024, decided 23.8.2025 by Jitendra Kumar Sinha, J. Quashing of charge sheet dated 25.08.2020, cognizance and summoning orders dated 09.10.2020 and entire proceedings of Case No.33439 of 2020 arising out of Case Crime No.672 of 2019 under sections 504, 506, 420, 406 IPC, P.S. Hari Parvat, District Agra, on basis of compromise between applicant Sarvesh Kumar and opposite party no.2, compromise verified by trial court; relied on State of Madhya Pradesh Vs. Laxmi Narayan, AIR 2019 SC 1296; S.482 Cr.P.C.

What did the court decide?

Application u/s 482 Cr.P.C. allowed; charge sheet dated 25.08.2020, cognizance order and summoning order dated 09.10.2020 and entire criminal proceeding of Case No.33439 of 2020 (State Vs. Sarvesh Kumar and others) quashed in respect of the applicant. ¶¶12

Sarvesh Kumar Vs State of Upand Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the charge sheet dated 25.08.2020, cognizance and summoning orders dated 09.10.2020 and the entire criminal proceeding of Case No.33439 of 2020 (arising out of Case Crime No.672 of 2019, under sections 504, 506, 420, 406 IPC) should be quashed on the basis of the compromise between the applicant and opposite party no.2.

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Court's answer

Since the applicant and opposite party no.2 have entered into a compromise which has been verified by the court concerned with the verification report on record, and taking note of the law laid down by the Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan, it would be in the interest of justice that the impugned proceedings be quashed in respect of the applicant.

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Ratio / Principle

The charge sheet dated 25.08.2020, the cognizance order and summoning order dated 09.10.2020 passed by the Chief Judicial Magistrate, Agra, and the entire criminal proceeding of Case No.33439 of 2020 (State Vs. Sarvesh Kumar and others) are quashed.

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Detailed headnote1 paragraphs

Criminal quashing — S.482 Cr.P.C. — quashing on basis of compromise. Applicant and opposite party no.2 entered into a compromise which was verified by the court concerned, the verification report being on record. Relying on State of Madhya Pradesh Vs. Laxmi Narayan, AIR 2019 SC 1296, and noting that counsel for the opposite parties had no objection, the Allahabad High Court held it in the interest of justice to quash the charge sheet dated 25.08.2020, the cognizance and summoning orders dated 09.10.2020 passed by the Chief Judicial Magistrate, Agra, and the entire criminal proceeding of Case No.33439 of 2020 (State Vs. Sarvesh Kumar and others), arising out of Case Crime No.672 of 2019 under sections 504, 506, 420, 406 IPC, Police Station Hari Parvat, District Agra, pending before the Civil Judge (Junior Division), Court No.6, Agra. Application allowed.

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Neutral Citation No. - 2025:AHC:146419

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 11544 of 2024 Applicant :- Sarvesh Kumar Opposite Party :- State Of Upand Another Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Jitendra Kumar Sinha,J.

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The case is taken up on mentioning.

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Heard Sri Manish Yadav, learned counsel for the applicant and Sri Shiv Dutt Shukla, learned AGA for the State-opposite party no.1.

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This application u/s 482 Cr.P.C. has been preferred with prayer to quash the charge sheet dated 25.08.2020 alongwith cognizance order as well as summoning order dated 09.10.2020 passed by learned chief Judicial Magistrate, Agra as well as entire criminal proceeding of Case No.33439 of 2020 (State Vs. Sarvesh Kumar and others), arising out of Case Crime No.672 of 2019, under sections 504, 506, 420, 406, IPC, Police Station Hari Parvat, District Agra, pending in the court of learned Civil Judge (Junior Division), Court No.6, Agra, on the basis of compromise.

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It is contended by learned counsel for the applicant that applicant and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise sent by the court concerned is already on the record. Learned counsel for the applicant further prays that in view of the compromise entered into between the applicant and opposite party no.2, the proceeding of the aforesaid case be quashed.

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On the other hand, learned counsel for the opposite party no.2 and learned AGA for the State have no objection to the above submissions made by learned counsel for the applicant.

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In view of the fact that applicant and opposite party no.2 have entered into compromised and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise is already on the record and taking note of the law laid down by Hon'ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, in respect of the applicant.

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7 In view of the aforesaid, the charge sheet dated 25.08.2020 alongwith cognizance order as well as summoning order dated 09.10.2020 passed by learned chief Judicial Magistrate, Agra as well as entire criminal proceeding of Case No.33439 of 2020 (State Vs. Sarvesh Kumar and others), arising out of Case Crime No.672 of 2019, under sections 504, 506, 420, 406, IPC, Police Station Hari Parvat, District Agra, pending in the court of learned Civil Judge (Junior Division), Court No.6, Agra, are hereby quashed.

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The application u/s 482 Cr.P.C. is hereby allowed.

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Order Date :- 23.8.2025 VKG

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Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad

Sarvesh Kumar v. State of Upand Another

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Sarvesh Kumar v. State of Upand Another

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