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2025 DAILYLAW 100428 (ALL)

SOHEL AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

NA528/37216/2025 · 2025-09-23

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37216 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Ashutosh, learned counsel for the applicants, Sri Utkarsh Shukla, learned counsel for opposite party no. 2 and Sri B.P. Maurya, learned A.G.A. for the State respondents. 2. This application under Section 528 B.N.S.S. has been preferred for quashing the entire proceeding of Special Case No. 957 of 2023 arising out of Case Crime No. 256 of 2023 under sections 363, 366, 376 and 323 IPC and 3/4 POCSO Act, P.S. Sahawar, District Kasganj pending before the court of Special Judge, POCSO Act/Additional District & Sessions Judge, Kasganj. 3. It is contended by learned counsel for the applicants that the applicants and opposite party no. 2 have entered into compromise and the same has been verified by the learned Court concerned. The compromise and the verification order are annexed at page 84 and 85 of the application. It is also submitted the applicants filed writ petition before this Court in which arrest of the applicants was stayed and subseaquently, the parties entered into compromise but the same was incomplete, therefore, the application filed under section 482 Cr.P.C. No. 2442 of 2024 was dismissed. It is further submitted that fresh compromise has been filed and the same has also been verified and presently, there is no other proceeding pending before this Court. It is also submitted that in view of the compromise arrived at between the applicants and opposite party no. 2, proceedings of the aforesaid case be quashed against the applicants. 4. On the other hand, learned counsel for opposite party no. 2 and learned A.G.A. for the State have no objection to the above submissions made by learned counsel for the applicants. 5. In view of the fact that the applicants and opposite party no. 2 have entered into compromise and the said compromise has been verified by the learned Court concerned and a report regarding verification of compromise Versus Counsel for Applicant(s) : Ashutosh, Pavan Kumar Counsel for Opposite Party(s) : Utkarsha Shukla, G.A. Sohel And Another .....Applicant(s) State Of U.P. And 4 Others .....Opposite Party(s) is already on record and keeping in view of the law laid down by Hon'ble Supreme Court in the case of Naushey Ali & Others Vs. State of U.P. & Another, 2025 INSC 182 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed in respect of the applicants. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 6. In view of the aforesaid, the entire proceeding of Special Case No. 957 of 2023 arising out of Case Crime No. 256 of 2023 under sections 363, 366, 376 and 323 IPC and 3/4 POCSO Act, P.S. Sahawar, District Kasganj pending before the court of Special Judge, POCSO Act/Additional District & Sessions Judge, Kasganj are hereby quashed. 7. The application under Section 482 Cr.P.C. stands allowed. September 24, 2025 Madhurima NA528 No. 37216 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad