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2025 DAILYLAW 160557 (ALL)

PAPPAN @ AVDHESH KUMAR (AVDHESH GAUR AS MENTIONED FIR) v. THE STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/7210/2025 · 2025-09-01

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7210 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Mohd. Anas Siddiqui, Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2/informant and the same is taken on record. Heard learned counsel for the applicant, Sri Mohd. Anas Siddiqui, learned counsel for the opposite party no. 2/informant, learned A.G.A. for the State and perused the material placed on record. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the impugned charge sheet dated 02.02.2014 arising out of Case Crime No. 74/2014, Under Sections 379 & 411 I.P.C., pertaining to Police Station- Fakharpur, District- Baharaich containing the impugned cognizance order dated 10.03.2014 passed by the learned Judicial Magistrate, Baharaich in Criminal Case No. 817/2014 State Vs. Pappan @ Avdhesh Gaur" including the entire consequential proceedings thereof, in terms of compromise dated 07.03.2025. The matter has been settled in between the parties vide compromise deed dated 07-03-2025 and whereafter, an application under section 482 Cr.P.C. bearing no. 2621 of 2025, was moved before this court and the court has passed the following order on 25-03-2025 in the said application. "1. Vakalatnama filed by Mohd. Anas Siddiqui, Advocate on behalf of respondent no.2 is taken on record. Versus Counsel for Applicant(s) : Abdul Alim Khan, Mohd. Vakar Khan Counsel for Opposite Party(s) : G.A. Pappan @ Avdhesh Kumar (Avdhesh Gaur As Mentioned Fir) .....Applicant(s) The State Of U.P. Thru. Its Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) 2. Learned counsel for the applicant and learned counsel for opposite party no. 2 have jointly submitted that a compromise dated 07.03.2025 has been entered into between the parties and the same has been filed before the court concerned. Thereafter, neither any date has been fixed nor any order has been passed deciding the matter in pursuance of the compromise filed by them. 3. After arguing at some length, learned counsel for the applicant and learned counsel for respondent no.2 have jointly submitted that a direction may be issued to the court concerned to decide the matter, expeditiously, in accordance with law. 4. As such, the present application is disposed of and it is expected that endeavour shall be made by the concerned court to decide the matter expeditiously, in accordance with law." Vide the aforesaid order, it was excepted from the learned trial court to decide the matter expeditiously in accordance with law. Contention of learned counsel for the applicant is that the aforesaid order was placed before the learned trial court, but, the learned trial court even after passing of about five months, did not conclude the proceedings. In view of the aforesaid, learned trial court is directed to verify the compromise deed dated 07-03-2025 within a period of 45 days after calling the parties concerned. With the aforesaid observations, instant application is hereby disposed of. September 1, 2025 AKS A482 No. 7210 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench