JUVENILE X /ACCUSED OF SESSIONS CASE NO. 731/2021 v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS
A482/5946/2025 · 2025-07-24
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152640 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152640 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42743 Court No. - 29 Case :- APPLICATION U/S 482 No. - 5946 of 2025 Applicant :- Juvenile X /Accused Of Sessions Case No. 731/2021 Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Applicant :- Abhishek Kumar Dwivedi,Abid Alvi Counsel for Opposite Party :- G.A.,Varsha Singh Hon'ble Shree Prakash Singh,J. Sri Varsha Singh, Advocate, Sri Abhay Gupta, Advocate and Ms. Priyanaka Srivastava, Advocate have put in appearance on behalf of opposite party nos. 2 and 3 and filed the Vakalatnama alongwith short counter affidavit, which is taken on record. Heard learned counsel for the applicant, learned counsels appearing for the opposite party Nos. 2 and 3 and learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of Sessions Case No. 731 of 2021, arising out of Case Crime No. 44 of 2021 under Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act, 2012 and charge sheet No. 74/2021 dated
13.05.2021.
Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant F.I.R. has been lodged against the applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 30.06.2025, which has been annexed as annexure no. 6 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicant are the futile exercise as there is no fate of trial and that is amount to harassment of the applicant and thus, the criminal proceedings against the applicant may be quashed. On the other hand, learned counsel appearing for the opposite party Nos. 2 and 3 has supported the version of the learned counsel for the applicant and submits that the parties have settled their dispute amicably through a compromise deed and
there is no further grievance of the opposite parties against the present applicant and the criminal proceedings against the applicant may be dropped. Learned A.G.A. appearing for the State has no objection to the
contentions aforesaid. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. For a period of two months, the proceedings initiated in pursuance of Sessions Case No. 731 of 2021, arising out of Case Crime No. 44 of 2021 under Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act, 2012 and charge sheet No. 74/2021 dated 13.05.2021, shall remain stayed so far as present applicant is concerned. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. Office is directed to return the copy of original compromise deed to learned counsel for the applicant within a week.
Order Date :- 24.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench