Ashok Kumar vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Ashok Kumar vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection only: no coercive measures against the applicant until the next date; parties directed to move the trial court for verification of the compromise, which the trial court is to complete within two months and report back to the High Court; matter listed after two months. The quashing prayer itself was not decided at this stage.

Issue for consideration

Whether the charge sheet dated 04.12.2023 and the entire proceedings of Criminal Case No. 222 of 2024 (arising out of Case Crime No. 598 of 2022, P.S. Hafizganj, Bareilly) should be quashed under S.482 Cr.P.C. in view of the written compromise entered into between the parties.

Court's answer

Parties shall appear before the court below on the next date fixed along with a certified copy of this order and are permitted to file an application for verification of the original compromise document.

Ratio / Principle

It is expected that the trial court will fix a date for verification of the compromise entered into between the parties.

Key takeaways

Verification of the compromise is to be completed within two months; upon due verification the court below may pass appropriate order in that regard and send a report to this Court.ratio¶10
As an interim measure, until the next listing, no coercive measure shall be taken against the applicant in the aforesaid case.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Dr. Gautam Chowdhary, J.), order dated 26.6.2025 — Application u/s 482 Cr.P.C. No. 29360 of 2024 by Ashok Kumar seeking quashing of the charge sheet dated 04.12.2023 and the entire proceedings of Criminal Case No. 222 of 2024, arising out of Case Crime No. 598 of 2022 under Sections- 366, 376, 323, 342, 506, 506, Police Station Hafizganj, District Bareilly, pending before the Additional Chief Judicial Magistrate, Bareilly. Applicant's counsel submitted that after issuance of the charge sheet the parties reconciled their differences and executed a written compromise; counsel for opposite party no. 2 did not dispute its correctness. The Court directed the parties to appear before the court below with a certified copy of the order and file an application for verification of the original compromise; the trial court is expected to fix a date for verification and pass appropriate orders within two months, sending a report to the High Court upon due verification. As an interim measure, no coercive step is to be taken against the applicant till then; matter to be listed after two months. No precedent was cited or relied upon; the quashing prayer remains undecided at this interlocutory stage.

Court No. - 67

Case :- APPLICATION U/S 482 No. - 29360 of 2024

Applicant :- Ashok Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.,Karunesh Narayan Tripathi

Hon'ble Dr. Gautam Chowdhary,J.

Heard learned counsel for the applicant, Shri Niraj Kumar, learned counsel for opposite party no.2 and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 04.12.2023 as well as the entire proceedings of Criminal Case No. 222of 2024, arising out of Case Crime No. 598 of 2022 under Sections- 366, 376, 323, 342, 506, 506., Police Station- Hafizganj, District- Bareilly pending in the court of Additional Chief Judicial Magistrate, Bareilly.

Learned counsel for the applicant submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.

Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the compromise.

Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an

appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.

List after two months.

Till then no coercive measure shall be taken against the applicant in the aforesaid case.

Order Date :- 26.6.2025 Nadeem

Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad