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2025 DAILYLAW 63461 (ALL)

SMT. NAZIA KHATOON AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

NA528/19258/2025 · 2025-09-17

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19258 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Pawan Kumar, learned counsel for applicant as well as learned Additional Government Advocate for the State-respondent and Sri Irfan Ahmad Malik, learned counsel appearing on behalf of respondent No. 2. 2. It has been submitted that the applicant is an accused in Case Crime No. 4170 of 2025 U/S 363, 366, 376 IPC & 5/6 POSCO Act which is pending in the Court of Special Judge POSCO Act, Kushsinagar as Session Trial Case NO. 781 of 2024 (State Vs. Samshuddin). 3. In the present case, the first information report was lodged by father of the prosecutrix stating that respondent No. 2 is his daughter aged about 15 years is missing from 10.10.2023 while returning from school and it was stated that in all probabilities the applicant has enticed her minor daughter away. 4. During investigation, the prosecutrix was recovered and statements U/S 161 and 164 of the Cr.P.C. ere recorded. In the statement U/S 164 Cr.P.C. respondent No. 2 has stated that her age is 17 years and she is in relationship with the applicant and on 10.10.2023 they had gone to Nepal where they had got married and are living as husband and wife. Accordingly, in the present application, a prayer has been made to quash the criminal proceedings. 5. Learned counsel for respondent No. 2 has supported the case of the Versus Counsel for Applicant(s) : Pawan Kumar Counsel for Opposite Party(s) : G.A. Smt. Nazia Khatoon And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) applicant. 6. Both the counsel have jointly urged that in light of the fact that the matter has been compromised and settled and that the prosecutrix is living with the applicant as husband and wife, in the interest of justice, the criminal proceedings deserves to be quashed. 7. They have relied upon the judgment of coordinate Bench of this Court in the case of Smt. Ekta Chauhan and Othes Vs. State of U.P. and others (Application U/S 482 No. 26099 of 2024) and had stated that prosecution in such cases could not be permitted to continue. 8. In light of the above, this Court is of the considered view that let settlement/compromise arrived at between the parties be filed before the trial court within a period of three weeks from today along with certified copy of this order. 9. 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 report as well as compromise and it will be open to the parties to approach this Court again for quashing of the proceedings. 10. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 11. 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. September 18, 2025 Ravi/- NA528 No. 19258 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad