Avinash Kumar v. State of U.P. and Another

Allahabad HC6 Jan 2025A482/39158/2024

Case brief

AI extract

What is this about?

Allahabad High Court interim order 2.4.2025; Application U/S 482 No. 39158 of 2024; Avinash Kumar v. State of U.P. and Another; compromise dated 4.10.2024; verification of compromise; interim/temporary stay of proceedings; Sections 379, 420, 406, 120B, 411 IPC; theft, cheating, breach of trust offences; Case No. 41504 of 2023; Case Crime No. 305 of 2023; FIR 305/2023; P.S. Chauri Chaura; District Gorakhpur; quashing pending compromise verification; Sanjay Kumar Pachori J.; next hearing 1.8.2025.

What did the court decide?

Interim stay of further proceedings of Case No. 41504 of 2023 (arising out of Case Crime No. 305 of 2023) against the applicant until the next date of listing (1.8.2025), pending verification of the parties' compromise dated 4.10.2024. ¶¶12

Avinash Kumar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the further proceedings of Case No. 41504 of 2023 (arising out of Case Crime No. 305 of 2023) may be stayed pending verification of the parties' compromise. +1 more

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Court's answer

Interim stay ordered: till the next date of listing, further proceedings of Case No. 41504 of 2023 (arising out of Case Crime No. 305 of 2023, under Sections 379, 420, 406, 120B, 411 I.P.C., P.S. Chauri Chaura, District Gorakhpur) shall remain stayed against the applicant.

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Key takeaways

Office directed to send the original compromise to the court concerned for verification immediately after retaining a photocopy of the same.obiter¶¶7
Both parties directed to appear before the court concerned for verification of the compromise within six weeks.obiter¶¶8
Court concerned directed to verify the compromise.obiter

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 72), Hon'ble Sanjay Kumar Pachori, J. — interim order dated 2.4.2025 in Application U/S 482 No. - 39158 of 2024 (Avinash Kumar v. State of U.P. and Another; counsel: Manish Kumar Singh for applicant; Sandeep Kumar and G.A. for opposite parties). Learned counsel for both sides reported that the parties settled their dispute arising out of the offence punishable under Sections 379, 420, 406, 120B, 411 of I.P.C. on the basis of a compromise dated 4.10.2024, the original compromise being on record as Annexure-1 to the supplementary affidavit dated 27.2.2025 (taken on record that day). Directions issued: Office to send the original compromise to the court concerned for verification immediately after retaining a photocopy; both parties to appear before the court concerned for verification of the compromise within six weeks; court concerned to verify the compromise; applicant to file a supplementary affidavit annexing the certified copy of the compromise and the proceedings of its verification. Matter to be taken up afresh on 1.8.2025. Till the next date of listing, further proceedings of Case No. 41504 of 2023, arising out of Case Crime No. 305 of 2023, under Sections 379, 420, 406, 120B, 411 of I.P.C., P.S. Chauri Chaura, District Gorakhpur, shall remain stayed against the applicant.

Avinash Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Avinash Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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