SHRAWAN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS
CRLP/2176/2025 · 2025-04-01
Brij Raj Singh, Vivek Chaudhary
body2025
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[ 2025 DAILYLAW 128554 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128554 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18037-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2176 of 2025 Petitioner :- Shrawan Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others Counsel for Petitioner :- Lalji Yadav,Suresh Kumar Pandey Counsel for Respondent :- G.A.,Vineet Kumar Yadav Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and Sri Vineet Kumar Yadav, learned counsel for opposite party no.2. 2. By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 20.05.2023 bearing Case Crime No.0082 of 2023, under Sections 363, 366, 376(1) I.P.C.,and Sections 5J(ii)/6 of POCSO Act, Police Station Mandhata, District Pratapgarh on the basis of compromise dated 07.03.2025 as contained in Annexure no.4 to this writ petition. 3. On 29.03.2025, parties were directed to appear before the Senior Registrar for verification of compromise. 4. The report of the Senior Registrar of this Court dated 29.03.2025 is on record, according to which, he has verified the compromise on 29.03.2025. The original compromise is on record which has been annexed as Annexure-4 to the writ petition. 5. According to the terms of the compromise, parties have decided to marry each other, which they propose to do as soon the accused is out of jail and to withdraw all the cases filed by them against each other including F.I.R. dated 20.05.2023 bearing Case Crime No.0082 of 2023, under Sections 363, 366, 376(1) I.P.C.,and Section 5J(ii)/6 of POCSO Act, Police Station Mandhata, District Pratapgarh. 6. Intent is clear, the signatories to the compromise, do not want to press the FIR, therefore, no purpose would be served in allowing the proceedings even if charge sheet has been filed before the court below to go on considering the nature of the dispute. 7. Accordingly, the impugned FIR, which is the basis to serve consequential proceedings of investigation and thereafter filing of charge sheet, if any, is hereby quashed. Consequently, all proceedings taken consequent to the lodging of the FIR including charge sheet, if any, filed before the court below stand quashed. The petitioner shall be released forthwith, if he is in jail unless wanted in any
other case. 8.
The petitioner shall perform marriage under the Special Marriage Act as per the terms and conditions envisaged under paras 8 and 9 of the compromise deed dated
07.03.2025. 9. In case the petitioner does not fulfill the conditions as per the compromise deed, the victim is at liberty to move a recall application for recall of this order. 10. The writ petition is, accordingly, allowed. 11. The Senior Registrar of this Court shall communicate this order to the court concerned. Order Date :- 1.4.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench