AJAY RAWAT v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME AND 2 OTHERS
A482/1224/2025 · 2025-02-10
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122539 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122539 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8451 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1224 of 2025 Applicant :- Ajay Rawat Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And 2 Others Counsel for Applicant :- Chandan Srivastava,Lavkush Yadav Counsel for Opposite Party :- G.A.,Viresh Pratap Singh Hon'ble Manish Kumar,J. Shri Viresh Pratap Singh, Advocate has filed his vakalatnama on behalf of respondent nos. 2 and 3, which is taken on record. The present case has been filed under Section 482 Cr.P.C. now under Section 528 of B.N.S.S. with the following main reliefs:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Charge- sheet dated 13.08.2017 as contained in Annexure no. 1 to this petition, the impugned cognizance/summoning order dated 07.11.2017 passed by Judicial Magistrate IInd, Faizabad in State Vs. Ajay Rawat, Case Crime No. 63 of 2017 under Section 366 of IPC, Police Station Ramjanam Bhumi, District Faizabad *now Ayodhya" as contained in Annexure no. 2 to this petition and the entire proceedings of the Sessions Trial No. 262/2019, State Vs. Ajay Rawat, Case Crime No. 63 of 2017, under Sections 366 of IPC, Police Station Ramjanam Bhumi, District Faizabad (Now Ayodhya) pending before the learned Special Judge, POCSO Act, Faizabad in the interest of justice. "
Learned counsel for the applicant has submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.4 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. 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 concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:-
(i) The parties to the proceedings i.e. Sessions Trial No. 262/2019, arising out of Case Crime No. 63 of 2017 under Section 366 of IPC, Police Station Ramjanam Bhumi, District Faizabad *now Ayodhya", pending before the learned Special Judge, POCSO Act, Faizabad shall appear and file the compromise before the concerned Court within four week's from today. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within four week's from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicant, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 10.2.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench