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2025 DAILYLAW 22877 (ALL)

MITHILESH v. STATE OF U.P. AND ANOTHER

NA528/9003/2025 · 2025-03-19

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41229 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9003 of 2025 Applicant :- Mithilesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rayoof Ali Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Sri Sudhir Kumar Sharam, learned counsel for respondent no. 2 preferred vakalatnama which is taken on record. 2. Heard Sri Rayoof Ali, learned counsel for applicant and Sri Sudhir Kumar Sharam, learned counsel for respondent no. 2 and learned AGA for the State. 3. Present application has been preferred with the following prayers:- "... to quash the entire proceedings of SST no. 05 of 2015 (State vs. Mithilesh) arising out of Case Crime no. 874 of 2013, under sections 323, 504, 506, 354, 308 IPC, PS-Khalilabad, Sant Kabir Nagar including the charge sheet dated 17.02.2014 pending in the court of learned Special Judge/POCSO Act, District Sant Kabir Nagar on basis of the compromise dated 07.06.2023 and further be pleased to stay the further proceedings SST no. 05 of 2015 (State vs. Mithilesh) arising out of Case Crime no. 874 of 2013 under sections 323, 504, 506, 354, 308 IPC, PS-Khalilabad, Sant Kabir Nagar including the charge sheet dated 17.02.2014 pending in the court of Special Judge/POCSO Act, District Sant Kabir Nagar on basis of the compromise dated 07.06.2023 during the pendency of the present application." 4. At the very outset, both the learned counsels for the parties submitted that parties have already entered into a compromise which has been reduced in writing on dated 06.07.2023 and the same has been verified on dated 19.02.2024 by learned concerned court and the verification report has already been appended as Annexure no. 3 available at page no. 35 of the instant application. 5. The fact which has been mentioned by learned counsel for the applicant has not been disputed rather accepted by Sri Sudhir Kumar Sharam, learned counsel for respondent no. 2. 6. On the basis of the verification report dated 19.02.2024 which has already been appended through the instant application, there is hardly any occasion to continue the matter which is pending before learned court of Special Judge, POCSO Act, Sant Kabir Nagar in shape of Special Sessions Trial no. 5 of 2015 in pursuance to sections 323, 504, 506, 308 IPC. 7. In view of the aforementioned facts and circumstances, proceedings arising out of Case Crime no. 874 of 2013 under sections 323, 504, 506, 354, 308 IPC, PS-Khalilabad, District Sant Kabir Nagar instituted as Session Trial no. 05 of 2015 are hereby quashed. 8. The present application stands allowed accordingly. Order Date :- 20.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad