SHIVAM KUMAR PANDEY (IN FIR SHIVAM PANDEY) AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS
A482/10059/2025 · 2025-12-03
Indrajeet Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 181934 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 181934 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10059 of 2025 Court No. - 30 HON'BLE INDRAJEET SHUKLA, J.
1. Heard learned counsel for applicants and the learned A.G.A.for State and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the chargesheet dated 17.08.2021 and summoning order dated 08.09.2025 along with other consequential proceedings in Special Sessions Trial No.1766 of 2025 (State Vs. Shivam Pandey) arising out of Case Crime No. 126/2021, under Sections 323, 354-B, 506 of IPC read with Section 7/8 of POCSO Act, Police Station Madiyaon, District Lucknow pending in the court of Special Judge, POCSO Act in the light of compromise attained between the parties. 3. Learned counsel for the applicants 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. He further submits that the offences in which the compromise is sought are not heinous and the compromise can take place in view of the dictum of Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab and another, 2012 (10) SCC 303. 4. 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 be duly verified in presence of the parties concerned before the Court. 5. Accordingly, this application is disposed of with a direction to the trial Versus Counsel for Applicant(s) : Atul Chander Dwivedi, Paritosh Shukla Counsel for Opposite Party(s) : G.A. Shivam Kumar Pandey (In Fir Shivam Pandey) And Another .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
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. 6. 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 applicants to approach this Court again for quashing of the proceedings.
The proceedings despite invocation of POCSO Act can be quashed or not shall be decided once the verification report is received. 7. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 8. Office is directed to return the original compromise deed, if any, to the learned counsel for the applicants, after taking the photocopy of the same. December 3, 2025 Mohit A482 No. 10059 of 2025 2 (Indrajeet Shukla,J.) Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad, Lucknow Bench