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2025 DAILYLAW 175023 (ALL)

SANTOSH KUMAR @ GUDDU v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

/9841/2025 · 2025-12-02

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9841 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Sri Bhupendra Kumar Bajpai, Advocate on behalf of opposite party no.2 is taken on record. 2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 3. The instant application has been filed with the following prayer:- "(i). to quash charge sheet dated 23.4.2024 in case crime no.103 of 2024, under Section 376 IPC, P.S. Jalalpur, District Ambedkar Nagar filed by the Investigating Officer against the applicant ; (ii). to quash the entire criminal proceedings of criminal case no.6800 of 2024, (State vs. Santosh Kumar @ Guddu in case crime no.103 of 2024, under Section 376 IPC, P.S. Jalalpur, District Ambedkar Nagar pending in the court of Chief Judicial Magistrate, Ambedkar Nagar." 4. Learned counsel for the applicant submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.7 to the application. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to Versus Counsel for Applicant(s) : Rajesh Kumar Awasthi Counsel for Opposite Party(s) : G.A. Santosh Kumar @ Guddu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) be duly verified in presence of the parties concerned before the Court. 6. 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. 7. The court concerned 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. 8. For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case. 9. Office is directed to return the original compromise deed, if any, to the learned counsel for the applicant, after taking the photocopy of the same. December 2, 2025 Pks A482 No. 9841 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench