ANAND SINGH @ DIPANSHU v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECRETARIAT LKO. AND 2 OTHERS
NA528/127/2025 · 2025-03-06
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124311 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124311 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:13612 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 127 of 2025 Applicant :- Anand Singh @ Dipanshu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secretariat Lko. And 2 Others Counsel for Applicant :- Priyam Mishra,Amit Prakash Sharma Counsel for Opposite Party :- G.A.,Anju Singh,Supriya Tiwari Hon'ble Saurabh Lavania,J. Heard. The instant application has been filed for the following main relief:-
"That for the facts, reasons and circumstances narrated in the accompanying affidavit filed in support of this application, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the operation and implementation of charge sheet No. 01 of 2024 dated 19.12.2024, under section 115(2), 127(2), 76, BNS-2023, 3(1)(da), 3(1)(dha), 3(2)(va) of SC/ST Act and 7/8 of POCSO Act at Police Station- Kotwali Dehat, District- Sultanpur as well as case no. 165 of 2025 pending before the Special Judge, POCSO Act, Court No. 12, District Sultanpur (State Vs. Anand Singh @ Dipanshu), as it relates to the petitioner, in the interest of justice."
Learned counsel for the applicant submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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, the instant application is disposed of finally in following terms:- (i) The parties to the proceedings i.e. Case No. 165 of 2025 (supra), shall appear before the concerned Court within six weeks' from today and file the compromise. (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 two weeks' 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, if any, 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 :- 6.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench