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2025 DAILYLAW 173632 (ALL)

SACHIN GAUD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 4 OTHERS

/1800/2025 · 2025-11-19

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1800 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Short counter affidavit filed by the learned counsel for the opposite party no.2 is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the opposite party no. 2 and perused the record. 3. The present application has been filed with the prayer to quash the entire proceedings of Case No. 503 of 2025 (State vs. Sachin Gaud) arising out of Case Crime No. 715 of 2024, under Sections 87, 137(2), 64(2) M of BNS and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, Police Station Akbarpur, District Ambedkar Nagar, pending in the court of Special Judge, POCSO Act, Ambedkar Nagar. 4. Learned counsel for the applicant submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 17.9.2025 (Original copy of the same is appended as annexure No.A-7 to the application). 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the Court below itself. 6. Counsel for opposite party no. 2 has no objection, in case compromise Versus Counsel for Applicant(s) : Saurabh Kumar Counsel for Opposite Party(s) : G.A. Sachin Gaud .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 4 Others .....Opposite Party(s) takes place. 7. Both the parties are directed to appear before the concerned court below within two weeks from today and file/pursue their compromise application. The court below is directed to pass an order on the said compromise application and all formalities will be completed within six weeks from that date. The concerned Magistrate will sent a report to this Court whether the said compromise took place or not. 8. Accordingly, the present application stands disposed of with a direction to the court concerned that if any such compromise is filed before it or has been already filed, 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. 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. 9. For a period of three months, no coercive action shall be taken against the applicant in the aforesaid case. 10. Registry is directed to return the original copy of the compromise deed to the learned counsel for the applicant after taking photocopy of the same. November 19, 2025 Preeti NA528 No. 1800 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench