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2025 DAILYLAW 38858 (ALL)

MUNNA GUPTA v. STATE OF U.P. AND 3 OTHERS

NA528/13803/2025 · 2025-09-18

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13803 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Atul Kumar Srivastava, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P.. 2. This petition has been filed by the applicants for quashing of the impugned charge sheet dated 06.01.2023 including cognizance order dated 25.01.2023 as well as entire proceedings of Special Sessions Trial No.86 of 2023 (State Vs. Munna Gupta), arising out of Case Crime No. 292 of 2022, under Sections 363, 366, 376 I.P.C. and Section 51/6 POCSO Act and Section 3(2)(v) SC/ST Act, Police Station Kasimabad, District Ghazipur, pending in the court of Special Judge, POCSO ACt, Gazipur, on the basis of compromise. 3. Learned counsel for the parties submit that parties have amicably compromised their dispute, therefore, the aforesaid case may be decided in terms of the compromise between the parties. 4. 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 below. 5. Accordingly, this petition 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 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. The court in that scenario will allow the parties to obtain certified copy of the Versus Counsel for Applicant(s) : Atul Kumar Srivastava, Kalp Dev Mishra Counsel for Opposite Party(s) : G.A., Suneel Munna Gupta .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) report as well as compromise and it will be open to the parties to approach this Court again for quashing of the proceedings. 6. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 7. Original copy of compromise, if filed before this Court along with the present application, be returned to the learned counsel for applicants, as per Rules of Court. 8. With aforesaid directions, the application stands disposed of. September 19, 2025 AS NA528 No. 13803 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad