HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9557 of 2023 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant and learned A.G.A. for the State. The instant applicant has been filed with a prayer to quash the entire proceedings of criminal case no. 13706 of 2023 arising out of case crime no. 357 of 2023 under Sections 376, 504, 506 I.P.C., police station Akbarpur, district Ambedkar Nagar as well as the impugned charge-sheet no. 318 of 2023 dated 29.7.2023 and impugned summoning order dated 12.9.2023. It is contended by the learned counsel for the applicant that the F.I.R. under Sections 376, 504 and 506 I.P.C. was lodged against the applicant for committing rape on false pretext of marriage though the true fact is that there was no truth in the same and the F.I.R. was lodged because of certain misconception between the parties. He submits that the opposite party no. 2 has performed the marriage with somebody else and is residing peacefully. In support of his contentions, learned counsel has placed upon reliance Versus Counsel for Applicant(s) : Ashish Kumar Tiwari, Ashish Kumar Tiwari, Ashok Kumar Singh Counsel for Opposite Party(s) : G.A., Akhilesha Nand Pandey, Alok Pandey, Nijam Ahamad, Vipul Kumar Mishra Pawan Kumar .....Applicant(s) State Of U.P. Thru. Prin.Secy. Home Deptt. And Another .....Opposite Party(s) upon the judgement passed in the case of Madhukar versus State of Maharashtra and others reported in 1979 4 SCC, which is squarely covered in the present case. Learned counsel appearing for the applicants 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 3.7.2025, which has been annexed as annexure no. SA-1 to the supplementary affidavit. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed. On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicants 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 applicants and the criminal proceedings against the applicants 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 A482 No. 9557 of 2023 2 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 three months, the proceedings initiated in pursuance of the criminal case no. 13706 of 2023 arising out of case crime no. 357 of 2023 under Sections 376, 504, 506 I.P.C., police station Akbarpur, district Ambedkar Nagar as well as the impugned charge-sheet no. 318 of 2023 dated 29.7.2023 and impugned summoning order dated 12.9.2023, 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 charge-sheet was filed are present before the trial court and a report with respect to this effect shall also be sent along-with verification order. September 11, 2025 kanhaiya A482 No. 9557 of 2023 3 (Shree Prakash Singh,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench