Disposed¶24

Pavan Kumar Sharma v. State of U.P. and Another

Allahabad HC16 Sept 2025A482/40707/2024

Case brief

AI extract

What is this about?

Quashing application under S. 528 BNSS (banner: APPLICATION U/S 482) — compromise between applicant and opposite party no. 2; direction for verification of compromise by trial court and report to High Court; interim protection from coercive action; offences under Sections 353 and 504 IPC; Case Crime No. 217 of 2019; Case No. 3018 of 2022; Police Station Asmoli, District Sambhal; Allahabad High Court; Justice Jitendra Kumar Sinha; appearance dated 13.10.2025; next listing 11.11.2025.

What did the court decide?

Interim relief only: no coercive action against the applicant till the next date of listing; parties directed to appear before the trial court on 13.10.2025 for verification of the compromise, with a verification report to be submitted to the High Court; matter listed on 11.11.2025. Quashing application not finally decided. ¶24

Pavan Kumar Sharma 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 entire proceeding of Case No.3018 of 2022 (State Vs. Pawan Kumar Sharma), arising out of Case Crime No.217 of 2019 under sections 353, 504 IPC, should be quashed in view of the compromise entered into between the applicant and opposite party no.2.

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Court's answer

The applicant and opposite party no.2 are directed to appear before the learned Additional Civil Judge(Junior Division)/Judicial Magistrate, Court No.1, Sambhal on 13.10.2025 for verification of the compromise.

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Ratio / Principle

The court concerned shall verify the compromise in the presence of both parties and submit a compromise verification report to the High Court within two weeks thereafter.

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Key takeaways

Learned counsel for the applicant may file a supplementary affidavit bringing on record the proceedings of the compromise verification, within two weeks after verification of the compromise.ratio¶20
Opposite parties may file a counter affidavit within four weeks; rejoinder affidavit may be filed within two weeks hereafter.ratio¶22
The case is to be listed on 11.11.2025 in the daily cause list before the appropriate Bench.

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 89 (Jitendra Kumar Sinha, J.) — Interim order in application u/s 528 BNSS (cause title banner: APPLICATION U/S 482 No. 40707 of 2024) by Pavan Kumar Sharma seeking quashing of the entire proceeding of Case No. 3018 of 2022 (State Vs. Pawan Kumar Sharma), arising out of Case Crime No. 217 of 2019, under sections 353, 504 IPC, Police Station Asmoli, District Sambhal, pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 1, Sambhal. Counsel for the applicant contended that the applicant and opposite party no. 2 have entered into a compromise, the statement to that effect has been recorded by the court concerned (Annexure No. 6), and a formal compromise is on file awaiting verification; learned AGA had no objection. The Court directed the parties to appear before the trial court on 13.10.2025 for verification of the compromise; the trial court to verify the compromise in the presence of both parties and submit a compromise verification report within two weeks thereafter; counsel permitted to file a supplementary affidavit on the verification proceedings; notice to opposite party no. 2, counter affidavit within four weeks and rejoinder within two weeks; case listed on 11.11.2025. Till the next date, no coercive action to be taken against the applicant. Petition not finally decided.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 40707 of 2024

Pavan Kumar Sharma

.....Applicant(s)

Versus

State of U.P. and Another

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.....Opposite Party(s)

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Counsel for Applicant(s)	: Vinay	Kumar Mishra
Counsel for Opposite Party(s)	: G.A.

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Court No. - 89

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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 Vinay Kumar Mishra, learned counsel for the applicant and Sri Manoj Gautam, learned AGA for the State-opposite party no.1.

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This application u/s 528 BNSS has been preferred for quashing of the entire proceeding of Case No.3018 of 2022 (State Vs. Pawan Kumar Sharma), arising out of Case Crime No.217 of 2019, under sections 353, 504, IPC, Police Station Asmoli, District Sambhal, pending in the court of learned Additional Civil Judge(Junior Division)/Judicial Magistrate, Court No.1, Sambhal.

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It is contended by learned counsel for the applicant that the applicant and opposite party no.2 have entered into compromise and statement regarding the same has been recorded to the said effect by the learned court concerned is on record as Annexure No.6 to the memo of application. It is further contended that a formal compromise has been filed before the learned court concerned, which is pending. He further submits that said compromise needs to be verified by the learned court concerned and he prays that a direction be issued to the learned court concerned i.e. learned Additional Civil Judge(Junior Division)/Judicial Magistrate, Court No.1, Sambhal, for verification of the same.

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A482 No. 40707 of 2024

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On the other hand, learned AGA for the State has no objection to the above submissions of learned counsel of the applicant.

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In view of the above, the applicant and opposite party no.2 are directed to appear before the court concerned i.e. learned Additional Civil Judge(Junior Division)/Judicial Magistrate, Court No.1, Sambhal, on 13.10.2025, for verification of said compromise, alongwith the copy of this order.

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Learned court concerned i.e. learned Additional Civil Judge(Junior Division)/Judicial Magistrate, Court No.1, Sambhal, shall verify the compromise in the presence of both the parties and submit a compromise verification report to this Court, within two weeks thereafter.

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Learned counsel for the applicant may also file a supplementary affidavit bringing on record the proceedings of the compromise verification, within two weeks, after verification of the compromise.

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9 Let notice be issued to opposite party no.2 returnable at an early date.

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