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2025 DAILYLAW 182106 (ALL)

DINESH KUMAR @ LAVKESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

/8874/2025 · 2025-11-17

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8874 of 2025 Court No. - 31 HON'BLE ZAFEER AHMAD, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the opposite party nos. 2 and 3. 3. The instant application has been filed for setting aside the order dated 3.1.2024 passed by the Additional Sessions Judge/Special Judge(POCSO Act), Room No. 44 Barabanki in sessions case no. 11 of 2024 arising out of case crime no. 177 of 2023 under Sections 363, 366 and 354 I.P.C. and Section 7/8, 11(iv)/12 of the POCSO Act, police station Lonikatra, district Barabank as well as the charge-sheet no. 173 of 2023 submitted therein. 4. Learned counsel for the applicant submit that the victim has married with the petitioner on her Will and they are living peacefully as husband and wife. The father of the victim and the petitioner have entered into compromise and father of the victim is ready to withdraw all cases lodged against the petitioner as the petitioner and her daughter have married and they are living peacefully as husband and wife. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below as such compromise has to be duly verified in presence of the parties concerned before the Court. 6. Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their Versus Counsel for Applicant(s) : Rahul Yadav, Vikalp Sinha Counsel for Opposite Party(s) : G.A., Ankit Mishra, Himanshu Tiwari, Vaibhav Mishra Dinesh Kumar @ Lavkesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) 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 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. 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 to the learned counsel for the applicants, after taking the photocopy of the same. November 17, 2025 kanhaiya A482 No. 8874 of 2025 2 (Zafeer Ahmad,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench