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2025 DAILYLAW 155236 (ALL)

AMAN SONI THRU. HIS GUARDIAN / NATURAL FATHER GUDDU SONI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

CRLA/2340/2025 · 2025-08-11

Shree Prakash Singh

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46897 Court No. - 14 Case :- CRIMINAL APPEAL No. - 2340 of 2025 Appellant :- Aman Soni Thru. His Guardian / Natural Father Guddu Soni Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Appellant :- Suneel Kumar Mishra,Vipin Kumar Mishra Counsel for Respondent :- G.A.,Kumar Gaurav Srivastav Hon'ble Shree Prakash Singh,J. 1. Supplementary affidavit filed today by cousnel for the appellant is taken on record. 2. Heard learned counsel for the appellant, Sri Kumar Gaurav Srivastav, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record. 3. The instant appeal has been filed with the prayer to quash/set aside the charge sheet no. 01/2024 of Case Crime No.225/2024, U/S- 115 (2), 351 (2), 352 Β.Ν.S. & 3 (1) Da & Dha (S.C./S.T. Act) P.S-Chhapia, Distt.-Gonda, summoning order dated 18/01/2025 along with the entire proceeding of criminal case No.- 27/2025 on the basis of compromise order dated 20.07.2025. 4. Learned counsel appearing for the appellant submits that the appellant is innocent and has falsely been implicated in the instant case. He next added that under some misunderstanding, the instant F.I.R. has been lodged against the appellant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 20.07.2025, which has been annexed as annexure no. 5 to the instant appeal. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the appellant are the futile exercise as there is no fate of trial and that is amount to harassment of the appellant and thus, the criminal proceedings against the appellant may be quashed. 5. On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the appellant 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 appellant and the criminal proceedings against the appellant may be dropped. 6. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 7. 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. 8. Accordingly, this appeal 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. 9. 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 appellant to approach this Court again for quashing of the proceedings. 10. For a period of three months, the proceedings initiated in pursuance of criminal case No.- 27/2025 arising out of Case Crime No.225/2024, U/S- 115 (2), 351 (2), 352 Β.Ν.S. & 3 (1) Da & Dha (S.C./S.T. Act) P.S- Chhapia, Distt.-Gonda shall remain stayed so far as appellant is concerned. 11. The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order. 12. Office is directed to return the original compromise deed to the learned counsel for the appellant, if any, after taking the photocopy of the same. Order Date :- 11.8.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench