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Neutral Citation No. - 2025:AHC:84920 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16003 of 2025 Applicant :- Pramod And Another Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Shiv Sharan Tripathi, learned counsel for the applicants as well as Sri S.K. Singh, learned AGA for the State. 2. In view of the order, which is being proposed to be passed today, notices are not being issued to the respondent No. 2. 3. The applicants herein had earlier approached this Court in Application U/S 482 No. 1774 of 2025 in which on 21.01.2025, the following orders were passed:
"1. Vakalatnama filed by Shri Piyush Kumar Tiwari, learned counsel for the opposite party nos. 2 to 4, today in the Court is taken on record. 1A. Heard Sri Shiv Sharan Tripathi, learned counsel for the applicant, Shri Piyush Kumar Tiwar, learned counsel for the opposite party nos. 2 to 4 and Mohd. Soeb Khan, learned learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 15 of 2023 (Prempal Singh Vs. Promod and others), as well as summoning order dated 06.06.2024 passed by Additional Sessions Judge/Special Judge, (POCSO Act) Court No. 2, Aligarh, under Sections 354, 323, 325, 504, 506 and 7/8 POCSO Act, P.S. Lodha, District- Aligarh on the basis of compromise. 3. Contention of learned counsel for the applicants is that from the perusal of statement of victim under Sections 200 & 202 Cr.P.C., no offence under Section POCSO Act is made out. The allegations are absolutely vague in nature. It is further submitted that it is the case of simply a brawl and scuffle. It is further submitted that now both the parties have settled their dispute amicably, which was also reduced in written compromise deed dated 17.12.2024 and a copy of the same has already been filed before the court below. As both the parties are neighbour and it is also prayed that on the basis of compromise, impugned proceeding may be quashed
4. Learned counsel for opposite party nos. 2 to 4 has not opposed the submission made by learned counsel for the applicant.
However, learned A.G.A. has submitted that the aforesaid compromise is yet to be verified by
the court below, therefore, a direction may be issued to court below to verify the aforesaid compromise. 5. In view of the above, present application is disposed of with direction to learned court below to verify the aforesaid compromise after summoning the parties. 6. It is further directed that the aforesaid exercise shall be concluded by the court below within a period of two months from the date of receipt copy of the
order and for a period of two months, no coercive action shall be taken against the applicants in the aforesaid case.
7. However, the applicant is granted liberty to file a fresh application under Section 482 Cr.P.C. to quash the main proceedings, if need arises."
4. Learned counsel for the applicants submits that now the compromise stands verified on 15.02.2025, a copy and the document to the said extent is already on record as Annexure 5 at page 26 and onward reference whereof has been made in paragraph 13. Thus, submission is that the proceedings be quashed.
5. Learned AGA submits that though the applicants possess an
order in his favour for verificaiton of a compromise so entered into between the parties but the present matter eminates from the offences under Section . However, as noted earlier in the earlier spell of litigation, the allegations so made were vague in nature being simply brawl and scuffle. He thus submits the proceedings be quashed.
6. Thus, this Court finds that there is no reason to proceed with the matter.
7. Accordingly, the application is allowed.
8. The proceedings of Complaint No. 15 of 2023, Prempal Singh vs Pramod etc., under Section 354, 323, 325, 504, 506 Indian Penal Code and 7/8 Protection of Children from Sexual Offences Act Police Station Lodha, District- Aligarh as well as the summoning order dated 06.06.2024 be quashed.
9. It shall be open for the aggrieved party to file recall application if it is so occasioned.
Order Date :- 20.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad