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2025 DAILYLAW 148967 (ALL)

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

A482/5406/2025 · 2025-07-03

Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37459 Court No. - 30 Case :- APPLICATION U/S 482 No. - 5406 of 2025 Applicant :- Mahesh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 4 Others Counsel for Applicant :- Roshan Lal,Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Vakalatnama filed by Shri Amrendra Kumar, Advocate on behalf of opposite party no.2 is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G.A. for respondent State. 3. The present application has been filed by the applicants for quashing of the entire criminal proceedings of Criminal Case No.914/2023 arising out of Case Crime No.0238/2023, under Section 323, 363, 366 and 376-D and Section 5g/6 POCSO Act, 2012, Police Station-Phoolbehad, District-Kheri alongwith the charge sheet dated 11.07.2023 as well as summoning dated 02.08.2023 issued by court of Special Judge, POCSO Act, Lakhimpur Kheri on the basis of compromise dated 05.06.2025. 4. Learned counsel for the applicants submits that the dispute between the parties have been amicably settled outside the court by way of compromise. The original copy of the compromise deed dated 05.06.2025 is on record as Annexure-5 to the application. 5. Learned counsel appearing for opposite party no.2 does not dispute the above facts rather he concedes the same. 6. It is jointly prayed by the parties' counsel that on the basis of compromise, the proceedings impugned are liable to be quashed. 7. Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed. 8. On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the instant application under Section 482 Cr.P.C. (Section 528 of B.N.S.S.) is disposed of directing the parties to appear before the learned trial court for verification of the compromise dated 05.06.2025. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a copy of verification report to the parties. 9. The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today. 10. It will be open for the applicants to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties. 11. Office is directed to return original copy of the compromise to learned counsel for the applicant after keeping the photocopy of the same on record. (Om Prakash Shukla, J.) Order Date :- 3.7.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench