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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24885 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J.
1. Heard Sri Sampoorna Nand, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and Sri Jitendra Kumar Maurya, learned counsel appearing on behalf of opposite party no. 2. Supplementary affidavit filed by the applicant is taken on record. 2. This petition has been filed by the applicant for quashing of the impugned charge sheet dated 16.04.2025, as well as summoning order dated 17.05.2025, passed in case crime no. 2373 of 2015, under Sections 323, 294, 504, 506 I.P.C., Police Station - Hasanganj, District - Lucknow and entire proceedings of Criminal Case No. 36810 of 2025 - State Vs. Jitendra Chaurasiya, under Sections 69, 351(2) of BNS, Police Station - Harpur Budhat, District - Gorakhpur, pending before Court of Additional Civil Judge (Senior Division - Ist)/ Additional Chief Judicial Magistrate, District - Gorakhpur as well as entire proceedings of aforesaid case. 3. It is submitted by learned counsel for the applicant that opposite party no. 2 lodged first information report on Versus Counsel for Applicant(s) : Sampoorna Nand Counsel for Opposite Party(s) : G.A., Jitendra Kumar Maurya, Navneet Mishra Jitendra Chaurasia .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
27.03.2025 being Case Crime No. 066 of 2025, under Sections 69, 89, 351(2) of BNS, Police Station - Harpur Budhat, District - Gorakhpur. During investigation statements of prosecutrix under Section 164 Cr.P.C. was recorded wherein she has stated she is studying in IIIrd year B.A. and she was having love affair with applicant for last four years. She has stated that applicant maintained physical relationship with her on promise of marriage, but subsequently, applicant refused to marry the prosecutrix. She has also stated that three times she has to undergo abortion of pregnancy. 4. Learned counsel for the parties further submits that parties have amicably compromised their dispute and compromise affidavit has been filed alongwith supplementary affidavit which is annexed as Annexure No. SA-2, therefore, the proceedings of aforesaid case may be decided in terms of the compromise between the parties. 5. 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. 6.
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. 7. For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case. 8. Original copy of compromise/affidavit, filed before this Court along with the supplementary affidavit, be returned to the learned counsel for applicant, as per Rules of Court. NA528 No. 24885 of 2025 2
9. With aforesaid directions, the application stands disposed of. September 18, 2025 A. Verma NA528 No. 24885 of 2025 3 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad