HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1958 of 2025 Court No. - 30 HON'BLE INDRAJEET SHUKLA, J. 1. Vakalatnama filed today by Sri Abhinav Singh Advocate on behalf of opposite party no.2, is taken on record. 2. Heard Shri Ramakar Shukla, learned counsel for the applicant, Shri Abhinav Singh, learned counsel for the opposite party no.2 and learned AGA for the State. 3. The present 528 Cr.P.C. application has been filed to quash the impugned charge sheet dated 23.07.2025 in Case Crime No. 143 of 2025, under Sections 69, 115 (2), 351(3) BNS, Police Station Hazratganj, District Lucknow and the order of cognizance and summoning dated 14.11.2025 pending in the court of learned Chief Judicial Magistrate, Lucknow in Criminal Case No. 125888/2025 (State Vs. Ashok Mishra and entire proceedings of the case passed in pursuance thereof in the light of compromise dated 21.11.2025 arrived between the parties. 4. Contention of learned counsel for the applicant is that the impugned proceeding has been culminated on falling out of relationship between the victim and the applicant. Now both the parties have settled their dispute amicably which has also been reduced into written compromise dated 21.11.2025. Copy of the same has been annexed at page no.43 of the affidavit. 5. Learned counsel for the opposite party no.2 could not dispute the aforesaid fact and has submitted that the parties have settled the dispute amicably. 6. However, learned A.G.A. has opposed the prayer and contended that the offences are not compoundable and being serious in nature, cannot be quashed on the basis of compromise. 7. Considering the aforesaid submissions as well as from the perusal of police record, it appears that the victim girl in her statement recorded under Section 164 Cr.P.C., mentioned the fact that the applicant and victim were in relationship for a considerable Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Ashok Kumar Mishra @ Ashok Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) time, subsequently, the applicant refused to marry her, and thereafter, the impugned F.I.R. was lodged. Therefore, it appear from the statement of victim herself that entering into a physical relation was an informed choice on the part of victim, therefore, ingredients of rape are not attracted. Now, the parties themselves have entered into compromise, therefore, It would be appropriate that the compromise as mentioned above should be verified by the court below and only after verification of the same, direction for quashing the impugned proceeding can be made. Therefore, applicant is directed to file original deed of compromise before the learned Chief Judicial Magistrate, Lucknow, within a period of 15 days, then the same shall be verified by the court below after summoning the parties and on verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the verified compromise. 8. It is further provided that on verification of the aforesaid compromise, applicant is at liberty to file a fresh 482 application for quashing the impugned proceeding on the basis of the verified compromise. 9. It is further directed that the court below will complete the proceeding of verification of compromise within a period of two months and for a period of two months, no coercive action shall be taken against the applicant in Criminal Case No. 125888/2025 (State Vs. Ashok Mishra) arising out of Case Crime No. 143 of 2025, under Sections 69, 115 (2), 351(3) BNS, Police Station Hazratganj, District Lucknow pending in the court of learned Chief Judicial Magistrate, Lucknow 10. With the aforesaid directions, the present application is disposed of. 11. Office is directed to return the original copy of the compromise deed annexed at page no.43 to the learned counsel for the applicant, after retaining the photocopy of the same. December 3, 2025 Pratima NA528 No. 1958 of 2025 2 (Indrajeet Shukla,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench