Alok Dubey and 8 Others Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Alok Dubey and 8 Others Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of without direct quashal; parties directed to appear before the trial court with the compromise deed dated 17.01.2025 and a certified copy of the order, with verification of parties and compromise to be completed within four weeks; liberty reserved to file a fresh Section 482 application thereafter; interim protection from coercive measures for six weeks.

Issue for consideration

Whether the charge sheets dated 12-10-2019 and 29-11-2020, the cognizance orders dated 15-10-2019 and 17-12-2020, and the entire criminal proceeding of Case No.3737 of 2019 arising out of Case Crime No.501 of 2019 (Sections 147, 323, 325, 352, 504, 506, 308 IPC) should be quashed in terms of the compromise entered into between the parties. +1 more

Court's answer

The parties were directed to appear before the court below along with the compromise deed dated 17.01.2025 and a certified copy of the order on the next date fixed.

Ratio / Principle

The trial court was expected to fix a date for verification of the parties and the compromise entered into between them and to pass an appropriate order to that effect within the next four weeks.

Key takeaways

It remains open to the applicants to file a fresh Section 482 application at that stage (after verification of the compromise) for the relief sought.ratio¶11
The present Section 482 application was disposed of; the quashing relief itself was not granted at this stage.ratio¶13
For a period of six weeks, no coercive measure was to be taken against the applicants.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 72), Deepak Verma, J. — Application U/S 482 Cr.P.C. No. 31262 of 2024, decided 10.7.2025. Alok Dubey and 8 others sought quashal of the charge sheets dated 12-10-2019 and 29-11-2020 and cognizance orders dated 15-10-2019 and 17-12-2020 of the Learned Additional Chief Judicial Magistrate, Kushinagar, together with the entire proceedings of Case No.3737 of 2019 (State Vs. Alok Dubey & others), arising out of Case Crime No.501 of 2019, U/S-147, 323, 325, 352, 504, 506, 308 I.P.C., P.S. Kasya, District Kushinagar, pending before the Learned Judicial Magistrate, Kasya, Kushinagar, in terms of a compromise deed dated 17.01.2025 (annexed as S.A.-1 to a supplementary affidavit); counsel for opposite party no. 2 did not dispute the settlement. The Court disposed of the application, directing the parties to appear before the trial court with the compromise deed and a certified copy of the order, expecting verification of the parties and compromise within four weeks, permitting a fresh Section 482 application at that stage, and ordering that no coercive measures be taken against the applicants for six weeks.

Neutral Citation No. - 2025:AHC:109936

Court No. - 72

Case :- APPLICATION U/S 482 No. - 31262 of 2024

Applicant :- Alok Dubey And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Baijant Kumar Mishra,Sanjay Tripathi Counsel for Opposite Party :- Mayank Tiwari,G.A.

Hon'ble Deepak Verma,J.

Supplementary affidavit filed today, is taken on record.

Heard learned counsel for the applicants, learned counsel opposite party no. 2 and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 12-10-2019 and 29-11-2020 alongwith cognizance order dated 15-10-2019 and 17-12-2020 passed by Learned Additional Chief Judicial Magistrate Kushinagar as well as the entire criminal proceeding of Case No.3737 of 2019 (State Vs. Alok Dubey & others), arising out of Case Crime No.501 of 2019, U/S-147, 323, 325, 352, 504, 506, 308 I.P.C., Police StationKasya, District- Kushinagar, pending in the court of Learned Judicial Magistrate Kasya Kushinagar in terms of compromise made in between the parties.

It has been contended by learned counsel for the applicants that the applicants and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise deed dated 17.01.2025 entered into between the parties has been annexed as S.A.-1 to the supplementary affidavit. Injuries are simple in nature.

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

Accordingly, it is provided that the parties shall appear before the court below along with compromise deed dated 17.01.2025 and a certified copy of this order on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the parties and compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at

that stage for the relief sought herein.

In view of the above, the present application is disposed of .

For a period of six weeks, no coercive measure shall be taken against the applicants.

Order Date :- 10.7.2025 Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad