RAJU NISHAD ALIAS RAJU ALIAS RAMU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS
A482/6806/2025 · 2025-08-20
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158008 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158008 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48996 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6806 of 2025 Applicant :- Raju Nishad Alias Raju Alias Ramu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Shailendra Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Sri Vijay Kumar Dubey, Advocate, has put in appearance by way of filing his Vakalatnama on behalf of opposite party nos. 2 and 3 and the same is taken on record. 2. Heard learned counsel for the applicant, learned counsel for opposite party nos.2 and 3, as well as learned A.G.A. for the State and perused the record. 3. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of S.T. No.182/2023, arising out of Case Crime No.0265/2021, under Section 354 IPC read with Section 7/8 POCSO Act lodged at Police Station Dariyabad, District Barabanki (State Vs. Raju Nishad), pending in the Court of learned Additional District and Sessions Judge/Special Judge (POCSO Act), Court No.45, Barabanki, to quash the charge-sheet dt. 25.09.2022 filed in the aforesaid case crime number and to quash the order dated 12.01.2023 by means of which cognizance of the offence has been taken on the ground that the parties have arrived at a settlement/compromise. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and have 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 02.08.2025, a copy of which has been annexed as Annexure-3 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. 5. 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 the 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. 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 trial Court as such compromise has to be duly verified in presence of the parties concerned before the trial Court. 8. Accordingly, this application is disposed of with a direction to the trial 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 applicant to approach this Court again for quashing of the proceedings. 10. For a period of three months, the further proceedings of S.T. No.182/2023, arising out of Case Crime No.0265/2021, under Section 354 IPC read with Section 7/8 POCSO Act lodged at Police Station Dariyabad, District Barabanki (State Vs. Raju Nishad), pending in the Court of learned Additional District and Sessions Judge/Special Judge (POCSO Act), Court No.45, Barabanki, shall remain stayed. 11. 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. 12.
The applicant is directed to produce the original compromise deed dated 02.08.2025 before the learned trial Court. 13. Office is directed to return the original compromise deed, if any, to the applicant within a week. . [Shree Prakash Singh, J.] Order Date :- 20.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench