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2025 DAILYLAW 199591 (ALL)

VASIR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 4 OTHERS

A482/10724/2025 · 2025-12-18

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10724 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Md. Anas Siddiqui, Advocate has filed Vakalatnama on behalf of opposite party nos.2 and 3, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party nos.2 and 3 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed with the following prayer:- "To quash the impugned charge sheet dated 07.09.2017 arising out of Case Crime No. 975/2017, Under Sections 376-D, 506 IPC & sections 5(G)/6 of the POCSO Act pertaining to Police Station- Risiya, District- Baharaich as well as the impugned cognizance/summoning order dated 24.06.2021 passed in Criminal Case No. 688 of 2021 (State Vs. Vasheer Khan) by the learned Additional Sessions Judge/Special Judge (POCSO ACT), Baharaich, including entire consequential proceedings thereof, on the basis of compromise dated 29.11.2025, as contained in Annexure No.1&2 to this application, in the interest of justice." 4. 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.10 to the application. 5. Whether the parties have, in fact, compromised the matter or not, can Versus Counsel for Applicant(s) : Abdul Alim Khan, Mohd. Vakar Khan Counsel for Opposite Party(s) : G.A. Vasir And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 4 Others .....Opposite Party(s) 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. 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 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 applicants in the aforesaid case. 9. 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 18, 2025 Arpan A482 No. 10724 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench