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2025 DAILYLAW 155478 (ALL)

ANKUR YADAV @ NITIN YADAV AND 4 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

/897/2025 · 2025-08-05

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45584 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 897 of 2025 Applicant :- Ankur Yadav @ Nitin Yadav And 4 Others Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Alok Kr. Misra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Surjeet Kumar Mishra and Sri Sanyon Kumar Mishra, Advocates have put in appearance by filing Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicants, Sri Surjeet Kumar Mishra and Sri Sanyon Kumar Mishra, learned counsel appearing for opposite party no. 2 and learned AGA for the State as well as perused the material placed on record. By means of the instant application, the applicants have prayed for quashing of the entire proceedings of POCSO Case No. 638 of 2024; State Vs. Ankur Yadav @ Nitin Yadav and others, against applicant no. 1 under Sections 69, 70(1), 191(2), 115(2), 352, 351(2), 351(3) of BNS and under Section 5/6 of POCSO Act; against applicant no. 2 under Sections 70(1), 191(2), 115(2), 352, 351(2), 351(3) of BNS; against applicant nos. 3 and 4 under Sections 191(2), 115(2), 352, 351(3) of BNS and against applicant no. 5 under Section 191(2), 352, 351(2), 351(3) of BNS in FIR/Case Crime No. 255 of 2024, Police Station Malipur, District Ambedkar Nagar, on the basis of compromise dated 11.05.2025. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the instant matter. He next added that due to some misunderstanding, the instant FIR has been lodged and criminal proceedings have been initiated against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing. Thereafter, the applicants filed an Application U/s 528 of BNSS No. 593 of 2025, wherein this Court vide order dated 25.06.2025 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 30.06.2025. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings against the applicants may be quashed. Learned counsel appearing for opposite party no. 2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped. Learned counsel for the State has no objection to the submissions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 11.05.2025 and said compromise has been verified on 30.06.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicants. In view of the above, as the applicants and opposite parties have entered into compromise on 11.05.2025 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 Judgments 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 criminal proceedings arising out of POCSO Case No. 638 of 2024; State Vs. Ankur Yadav @ Nitin Yadav and others, against applicant no. 1 under Sections 69, 70(1), 191(2), 115(2), 352, 351(2), 351(3) of BNS and under Section 5/6 of POCSO Act; against applicant no. 2 under Sections 70(1), 191(2), 115(2), 352, 351(2), 351(3) of BNS; against applicant nos. 3 and 4 under Sections 191(2), 115(2), 352, 351(3) of BNS and against applicant no. 5 under Section 191(2), 352, 351(2), 351(3) of BNS in FIR/Case Crime No. 255 of 2024, Police Station Malipur, 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 :- 5.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench