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Neutral Citation No. - 2025:AHC:36806 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 8254 of 2025 Applicant :- Pankaj And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajay Kumar Singh Yadav,Divyansh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Ajay Kumar Singh Yadav, learned counsel for the applicants, Sri Brij Kumar Yadav, who has filed his Vakalatnama on behalf of opposite party no.2 and Sri Raj Bahadur Verma, learned AGA for the State. 2. The instant application has been filed for quashing the summoning order dated 11.12.2024 passed by the Special Judge (POCSO Act) Anany, Rampur as well as entire proceeding of Complaint Case No.52 of 2024, under Sections 452, 354-B, 323, 504, 506 I.P.C. and 7/8 POCSO Act, Police Station Milak, District Rampur. 3. Contention of counsel for the applicant is that the dispute between the parties is matrimonial in nature and offence in the impugned proceeding is punishable upto 7 years. He further submits that now both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 12.02.2025 is reduced in written compromise and also annexed at page 40 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. Though this fact is not disputed by the counsel for the opposite party no.2 but learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding. 5. In view of the above, the applicant is directed to file original deed of the compromise before the court below within a period of 15 days from today. On filing of such compromise, the court below will verify the same within a period of two months after summoning the parties. 6. For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case. 7. However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise, if need arises. 8. With the aforesaid direction, the present application is disposed of. Order Date :- 12.3.2025 A.Kr.
Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad