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2025 DAILYLAW 141842 (ALL)

SURYAPAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS

A482/4502/2025 · 2025-08-18

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48310 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4502 of 2025 Applicant :- Suryapal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A.,Ramkripal Yadav Hon'ble Shree Prakash Singh,J. Supplementary Affidavit filed on behalf of the applicant is taken o record. Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Ram Kripal Yadav, learned counsel for the opposite party no. 2 and perused the record. By means of the instant application, the applicant has prayed for quashing of the entire proceedings of Special Sessions Trial No. 32 of 2023" State Vs Surya Pal", arising out of Case Crime No. 0231 of 2022, under sections 354,452,504,506 of the I.P.C. and section 7/8 of the POCSO Act, Police Station- Kotwali Tanda, District-Ambedkar Nagar as well as the Chargesheet No. A 209 of 2022, dated 16-09- 2022 submitted by the Investigating Officer in the aforesaid case crime and summoning order dated 11-01-2023 passed by the learned Special Judge, POCSO Act, Ambedkar Nagar. Learned counsel appearing for the applicant submits that due to some misunderstanding the instant FIR was lodged and thereafter, the parties sat together and they have settled their dispute and that too, has been reduced in writing as a compromise deed dated 27.03.2025. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicants would be a futile exercise and amount to harassment of the applicants. Adding his arguments, he also submits that this Hon'ble Court vide order dated 29.05.2025 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 4502 of 2025 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 27.03.2025 has been verified in presence of all concerned parties and the order of verification was passed on 09.06.2025 by the learned Special Judge, POCSO Act, Ambedkar Nagar. He next added that now the matter has been compromised in between the parties, and as such the proceedings of Special Sessions Trial No. 32 of 2023" State Vs Surya Pal", arising out of Case Crime No. 0231 of 2022, under sections 354,452,504,506 of the I.P.C. and section 7/8 of the POCSO Act, Police Station-Kotwali Tanda, District-Ambedkar Nagar, may be quashed. On the other hand, learned counsel for the opposite party no.2 has also supported the version of the applicants and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped. On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 27.03.2025 and said compromise has been verified on 09.06.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned case, arising out of aforementioned Case Crime No. 0231 of 2022. In view of the above, as the applicants and opposite parties have entered into compromise on 27.03.2025 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State and others ( 2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466. Resultantly, the proceedings of Special Sessions Trial No. 32 of 2023" State Vs Surya Pal", arising out of Case Crime No. 0231 of 2022, under sections 354,452,504,506 of the I.P.C. and section 7/8 of the POCSO Act, Police Station-Kotwali Tanda, District-Ambedkar Nagar,are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. Order Date :- 18.8.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench