Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 156994 (ALL)

PRAMOD KUMAR @ PRAMOD RAJBHAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND ANOTHER

A482/6483/2025 · 2025-08-08

Brij Raj Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:46414 Court No. - 28 Case :- APPLICATION U/S 482 No. - 6483 of 2025 Applicant :- Pramod Kumar @ Pramod Rajbhar Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Saurabh Kumar Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for applicant, learned A.G.A. for the State and Sri Santosh Kumar Srivastava, Advocate, who has filed his Power today on behalf of opposite party no.2, which is taken on record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No.3928 of 2024 (State vs. Pramod Kumar) arising out of Case Crime no.653 of 2023 under Sections 420, 381 IPC, Police Station Kotwali Akbarpur, District Ambedkar Nagar, as well as impungned Charge Sheet no.A-545/23 dated 16.12.2023 and the cognizance/summoning order dated 10.4.2024, pending in the court of Chief Judicial Magistrate, Ambedkar Nagar. 3. Learned counsel for the applicant has submitted that in this case, parties have compromised the matter outside the Court and the original compromise deed has been filed as Annexure-4 to this application. He submits that the aforesaid case may be decided in terms of the compromise arrived at between the parties. 4. Sri Santosh Kumar Srivastava, learned counsel appearing for opposite party no.2, also states that he has no objection in case compromise takes place between the parties. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court, as such, compromise has to be duly verified in presence of the parties before the court concerned. 6. In view of the aforesaid facts, parties are directed to appear before the court concerned i.e. Chief Judicial Magistrate, Ambedkar Nagar on 13.8.2025 along with an application annexing therewith the original compromise deed. If such compromise application is filed, the court concerned shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise within three weeks thereafter. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court making compromise to be part of the record. The court concerned will allow the parties to obtain certified copy of the report as well as compromise. 7. Till the compromise is verified by the court concerned, all the proceedings of Criminal Case No.3928 of 2024 (State vs. Pramod Kumar) arising out of Case Crime no.653 of 2023 under Sections 420, 381 IPC, Police Station Kotwali Akbarpur, District Ambedkar Nagar, pending in the court of Chief Judicial Magistrate, Ambedkar Nagar, shall remain stayed. 8. After verification of compromise, it will be open for the applicant to approach this Court again by filing a fresh petition for quashing of the entire proceedings on the basis of compromise. 9. Office is directed to return the original compromise deed filed along with this application to learned counsel for the applicant after retaining a photocopy of the same on record within 24 hours. 10. The application stands disposed of. Order Date :- 8.8.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench