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2025 DAILYLAW 164717 (ALL)

MOHD. NAJIM @ NADEEM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

A482/9217/2024 · 2025-02-19

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10902 Court No. - 18 Case :- APPLICATION U/S 482 No. - 9217 of 2024 Applicant :- Mohd. Najim @ Nadeem And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Applicant :- Saksham Mishra,Zartab Qamar Counsel for Opposite Party :- G.A.,Khaliquzzama Siddiqui Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1, learned counsel for the opposite party no.2 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 05.04.2024, summoning order dated 24.07.2024 and proceedings of S.T. No. 1306 of 2024 arising out of Case Crime No. 27 of 2024, 354 I.P.C., Sections 3/4 POCSO Act and Sections 3(1)(d) 3(1)(dh) SC/ST Act, Police Station Auras, District Unnao pending in the court of Additional District Judge, POCSO Act, Court No. 11, Unnao on the basis of compromise. The brief facts of the case which are required to be stated are that the complainant, who is father of a minor victim aged about 13 years has lodged an F.I.R. dated 02.02.2024 against the applicants namely Eshaan, Najim and Eraj for the offence under Sections 354 I.P.C., Sections 7/8 POCSO Act and Sections 3(1)(da), 3(1)(dha) of SC/ST Act, in which after culmination of investigation, charge- sheet has been submitted against the applicants, on which the concerned court below took cognizance and summoned the applicants to face trial. The main substratum of argument of learned counsel for the applicants is that the parties concerned have entered into a compromise and a compromise deed dated 24.09.2024 has been executed between them, therefore, the proceedings of the aforesaid case is liable to be quashed. On the other hand, learned A.G.A. for the State opposed the prayer of the applicant by contending that in the matters relating to sexual offences and POCSO, the parties concerned cannot be permitted to make a compromise as the said offences are against the State. Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned charge-sheet, summoning order and impugned criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously. Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period. In view of the above, the relief as sought by the applicants in the instant application is refused. However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within two weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922. For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 19.2.2025 saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad, Lucknow Bench