Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 141513 (ALL)

JAY KASHYAP @ JAY KUMAR KASHYAP v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/4428/2025 · 2025-07-16

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:41054 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4428 of 2025 Applicant :- Jay Kashyap @ Jay Kumar Kashyap Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Mahmood Alam, Akil Imam, Mayank Dwivedi, Shifali Rajput, Syed Saad Anwar Counsel for Opposite Party :- G.A., Gaurav Agarwal, Vaibhav Shukla Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mahmood Alam, the learned counsel for the applicant, Smt. Kamlesh Kumari, the learned A.G.A. for the State and Sri Vaibhav Shukla, the learned counsel for opposite party No.3 and perused the record. Short Counter affidavit filed by the learned counsel for opposite party No. 3 is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the entire proceedings of Sessions Trial No. 22/2023, arising out of Case Crime No. 208/2018, under Sections 323, 456, 376/511 IPC, Police Station Hussainganj, District Lucknow, pending before the Special Judge (Prevention of Corruption Act) Court No.2, Lucknow, on the basis of compromise deed dated 01/05/2025 entered into between the parties. 3. The aforesaid case was instituted on the basis of an FIR lodged on 27/07/2018 stating the the applicant entered the house of the victim, did obscene activities and tried to commit misdeed upon her. Learned counsels for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at the compromise and have decided to terminate the proceedings in terms of the compromise although the FIR makes mention of allegation of attempt of rape, the victim had not suffered any injury in the incident and subsequently, she has entered into a compromise with the applicant. Compromise entered into between the parties on 01/05/2025 has been placed on record as Annexure-4 to the application. The parties have confirmed the terms of the compromise. 4. Opposite party No.3 does not have any objection, if the impugned proceedings are quashed against the applicants. 5. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present application is allowed and proceedings of Sessions Trial No. 22/2023, arising out of Case Crime No. 208/2018, under Sections 323, 456, 376/511 IPC, Police Station Hussainganj, District Lucknow, are quashed. Order Date :- 16.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench