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2025 DAILYLAW 166112 (ALL)

RAJU NISHAD @ RAJU @ RAMU v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 4 OTHERS

A482/8116/2025 · 2025-09-24

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8116 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Vijay Kumar Dubey, learned counsel for the opposite party nos.2 and 3, who has filed vakalatnama today, which is taken on record and perused the record. 2. By means of the instant application, the applicant has prayed for quashing of the entire criminal proceedings in S. T. No. 182 of 2023 arising out of Case Crime No. 0265 of 2021, Under Section 354 I.P.C., and 7/8 POCSO Act, Police Station - Dariyabad, District Barabanki, (State Vs. Raju Nishad), pending before the Court of Additional District and Sessions Judge/ Special Judge (POCSO Act), Court No.45, Barabanki, and quash the Charge Sheet dated 25.09.2022 filed by the Investigating Officer as well as cognizance taken by the Court of Additional District and Sessions Judge/ Special Judge (POCSO Act), Court No.44, Barabanki, on 12.01.2023 (Annexure No.2), on the basis of compromise. 3. Learned counsel for the applicant submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 2.8.2025. Thereafter, the applicant filed an Application U/S 482 No.6806 of 2025 wherein this Court vide order dated 20.8.2025 has directed the court below to verify the said compromise deed and in compliance thereof, the compromise Versus Counsel for Applicant(s) : Shailendra Kumar Tiwari Counsel for Opposite Party(s) : G.A. Raju Nishad @ Raju @ Ramu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 4 Others .....Opposite Party(s) deed was verified on 1.9.2025. 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 in S. T. No. 182 of 2023 arising out of Case Crime No. 0265 of 2021, Under Section 354 I.P.C., and 7/8 POCSO Act, Police Station - Dariyabad, District Barabanki, (State Vs. Raju Nishad),may be quashed. 4. Learned counsel for the opposite party nos. 2 and 3 has also supported the version of the learned counsel for the applicant and submits that parties have amicably settled their dispute and the opposite party nos.2 and 3 has no grievance, hence, criminal proceedings against the applicants may be dropped. 5. Learned counsel for the State has no objection to the submissions aforesaid. 6. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 2.8.2025 and said compromise has been verified on 1.9.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned S. T. No. 182 of 2023 arising out of Case Crime No. 0265 of 2021, Under Section 354 I.P.C., and 7/8 POCSO Act, Police Station - Dariyabad, District Barabanki, (State Vs. Raju Nishad). 7. In view of the above, as the applicant and opposite parties have entered into compromise on 2.8.2025 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. 8. Accordingly, entire criminal proceedings of S. T. No. 182 of 2023 arising out of Case Crime No. 0265 of 2021, Under Section 354 I.P.C., and 7/8 POCSO Act, Police Station - Dariyabad, District Barabanki, A482 No. 8116 of 2025 2 (State Vs. Raju Nishad) are hereby quashed. 9. The compromise shall be part of this order. 10. The application is allowed accordingly. 11. Consigned to records. September 24 , 2025 Anuj Singh A482 No. 8116 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench