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

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

What the court decided

AI extract

Outcome

Application not finally decided at this stage: parties to appear before the trial court/transferee court on 26.9.2025 for verification of the compromise; on verification, report to be made part of record and certified copy filed before this Court by the next date; certified copy of this order to be produced before the court concerned; case listed afresh for 28.10.2025; interim relief — no coercive action against the applicants till the next date of listing.

Issue for consideration

Whether the entire criminal proceeding in Case No. 3301574 of 2017 (arising out of case crime no. 498 of 2017, P.S. Jagdishpura, District Agra) may be quashed on the basis of the compromise arrived at between the parties. +1 more

Court's answer

Parties are directed to produce a certified copy of this order before the court concerned on the date fixed before it.

Ratio / Principle

Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it; i.e., this Court does not itself verify the compromise but leaves verification to the trial court.

Key takeaways

Learned counsel for both sides undertook to ensure the presence of the parties before the learned trial court (or any other transferee court) on 26.9.2025 so that the court concerned may ascertain the veracity of the compromise.ratio¶15
Verification protocol: if the said compromise is verified, it shall be made part of the record and a report to that effect will be prepared; the parties would be allowed to obtain a certified copy thereof and file the same before this Court by the next date.ratio¶15
Interim protection: till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 89; Hon'ble Jitendra Kumar Sinha, J.; decided September 8, 2025) — Application U/S 482 No. 44081 of 2024 by Dinesh Kumar and Another against State of U.P. and Another, seeking quashal of the entire criminal proceeding (Case No. 3301574 of 2017, arising out of case crime no. 498 of 2017, P.S. Jagdishpura, District Agra; under sections 147, 323, 354A, 452, 504, 506, 427 IPC against applicant no. 1 and under sections 147, 323, 452, 504, 506, 427 IPC against applicant no. 2, pending before Additional Chief Judicial Magistrate, Court No. 6, Agra) on the strength of a compromise said to be dated 25.5.2023 (counsel stating it as dated 25.5.2025, annexed as Annexure no. 3). The Court held that whether a compromise has taken place can best be ascertained by the court where the proceedings are pending, after ensuring presence of the parties; counsel for both sides undertook to produce the parties before the trial court or transferee court on 26.9.2025; if the compromise is verified it shall be made part of the record with a report, whose certified copy is to be filed before this Court by the next date; parties directed to produce certified copy of this order before the court concerned. Listed afresh for 28.10.2025. Interim: till the next date of listing, no coercive action against the applicants.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 44081 of 2024

Dinesh Kumar And Another

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Prem Chandra Dwivedi
Counsel for Opposite Party(s) :	G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

The matter has been taken up on mentioning.

Heard Sri Prem Chandra Dwivedi, learned counsel for the applicants and Shri B.P. Maurya, learned A.G.A. for the State.

This application has been preferred to quash the entire criminal proceeding on the basis of compromise between both the parties on 25.5.2023 in pursuance of charge sheet dated 26.8.2017 along with cognizance order dated 13.9.2017 in Case No. 3301574 of 2017 arising out of case crime no. 498 of 2017 under sections 147, 323, 354A, 452, 504, 506, 427 IPC against applicant no. 1 and under sections 147, 323, 452, 504, 506, 427 IPC against applicant no. 2 at P.S. Jagdishpura, District Agra pending in the court of Additional Chief Judicial Magistrate, Court No. 6, Agra.

Learned counsel for the applicants argued that the parties have entered into compromise which is dated 25.5.2025, copy of the said compromise is annexed as Annexure no. 3 to the memo of application. It is submitted that proceedings of the aforesaid case may be quashed on the basis of compromise arrived at between the parties.

Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.

A482 No. 44081 of 2024

2

Learned counsel for the parties undertake to ensure the presence of the parties before the learned trial court or any other transferee court, as the case may be, on 26.9.2025 and thereafter the court concerned, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court by the next date.

Parties are directed to produce certified copy of this order before the court concerned on the date fixed before it.

List this case 28.10.2025, as fresh.

Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

(Jitendra Kumar Sinha,J.)

September 8, 2025 SY

Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad