Raju and 10 Others vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

Raju and 10 Others vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim procedural order, not a final adjudication: original compromise to be filed before the court below within a week and verified on 05.06.2025 with all signatories appearing; affidavit of certified verification order to be filed by next date of listing; no coercive action against the applicant till next listing; case listed in the 1st week of July 2025 showing Ms. Kiran Rawat as counsel for respondent no. 2.

Issue for consideration

Whether the pending proceedings in Case No. 83276 of 2023 (case crime No. 0125 of 2023, Sections 420, 406, 504, 506, 120-B I.P.C., P.S. Kakori, Lucknow) before A.C.J.M. Court No. 30, Lucknow should be set aside in light of the compromise dated 28.04.2025 between the parties. +1 more

Court's answer

As prayed, one week's time was granted to the applicant to file the original copy of the compromise before the court below, and the court below was directed to verify the compromise on 05.06.2025, on which date all signatories to the compromise executed on 28.04.2025 shall appear before the court concerned.

Ratio / Principle

The applicant was directed to file an affidavit bringing on record the certified copy of the verification order passed by the concerned court by the next date of listing.

Key takeaways

As an interim measure, no coercive action shall be taken against the applicant till the next date of listing.ratio¶¶17

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Manish Kumar, J., order dated 22.5.2025 on Application U/S 482 No. 4320 of 2025 (Section 482 Cr.P.C. / Section 528 B.N.S.S.) filed by Raju and 10 others seeking setting aside of the entire proceedings in Case No. 83276 of 2023 / case crime No. 0125 of 2023 under Sections 420, 406, 504, 506, 120-B I.P.C. of P.S.-Kakori, District Lucknow, pending before A.C.J.M. Court No. 30, Lucknow (State Versus Raju and others), on the basis of a compromise deed dated 28.04.2025. The Court granted one week to file the original compromise before the court below, directed verification thereof on 05.06.2025 with all signatories to appear, required the applicant to file an affidavit with the certified verification order by the next date of listing, restrained coercive action against the applicant till the next date of listing, and listed the matter in the first week of July 2025. No precedent was cited.

Court No. - 14

Case :- APPLICATION U/S 482 No. - 4320 of 2025

Applicant :- Raju And 10 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

Counsel for Applicant :- Anil Kumar Akela,Pushpendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Ms. Kiran Rawat, Advocate has filed his vakalatnama on behalf of Respondent nos. 2, which is taken on record.

Heard learned counsel for the applicant, learned counsel for Respondent No.2 and learned A.G.A. for the State.

Present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred with the following main prayer :-

"For the facts, reasons and circumstances mentioned in the accompanying affidavit, it is most respectfully prayed that this Hon' ble court may kindly be pleased to set aside the entire proceeding in Case No. 83276 of 2023 relating to case crime No. 0125 of 2023 Under Section 420, 406, 504, 506, 120-B, I.P.C. lodged with Police Station-Kakori, District- Lucknow, is pending before the learned A.C.J.M. Court No. 30 Lucknow, (State Versus Raju and others) in the light of compromise dated 28.04.2025, out of court in the interest of justice."

Learned counsel for the parties have jointly submitted that the parties have amicably settled their dispute out of the Court and they have entered into a compromise by means of compromise deed dated 28.04.2025 , copy of which has been enclosed as annexure no.4 to the present application.

Learned counsel for the applicants has prayed that a liberty may be given to the applicant to file the original copy of the compromise along with the application before the trial court within a period of one week for the purpose of verification of compromise dated 28.04.2025 entered into between the parties and the court below may be directed to verify the compromise.

As prayed, a week's time is granted to the applicant to file the

original copy of the compromise before the Court below and the court below shall verify the same on 05.06.2025. On the said date all the signatories to the compromise executed on 28.04.2025 shall appear before the court concerned.

The applicant shall file an affidavit bringing on record the certified copy of the order of verification passed by the concerned Court by the next date of listing.

List this case in the 1st week of July, 2025, showing the name of Ms. Kiran Rawat, Advocate as counsel for the respondent no. 2.

Office is directed to provide original compromise deed to the counsel for the applicant, after retaining its photocopy on record.

Till the next date of listing, no coercive action shall be taken against the applicant.

Order Date :- 22.5.2025

S. Kumar

Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench