Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24627 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Mr. Rajan Tripathi, learned counsel for the applicant and Sri Chandra Shekhar Saran, learned AGA for the State respondents.
2. This application under Section 528 BNSS has been preferred for quashing the entire criminal proceedings and the impugned summoning
order dated 22.8.2024 as well as chargesheet no. 107 of 2024 dated 31.7.2024 and Criminal Case No. 83863 of 2024 (Shaloo Ktheriya vs. Ayush Ktheriya), arising out of Case Crime No. 109 of 2024, under Section 376 IPC, P.S. Juhi, District Kanpur Nagar pending in the Court of Chief Judicial Magistrate, Kanpur Nagar on the basis of compromise dated 9.4.2025.
3. It is contended by the learned counsel for the applicant that the applicant and the opposite party no. 2 have entered into compromise and the same has already been verified by the learned Court concerned and a report regarding the same is on the record. It is further submitted that the applicant and the opposite party no. 2 have entered into matrimonial alliance and certificate of marriage is on the record i.e. at page 6 of the supplementary affidavit. It is further submitted that the parties are residing together. It is thus submitted that in view of the compromise arrived at between the applicant and opposite party no. 2, proceedings of the aforesaid case be quashed against the applicant.
4. On the other hand, llearned AGA for the State have no objection to the above submissions made by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Rajan Tripathi Counsel for Opposite Party(s) : G.A. Ayush Ktheriya .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. In view of the fact that the applicant and opposite party no. 2 have entered into compromise and the said compromise has been verified by the learned Court concerned and a report regarding verification of compromise is already on record and keeping in view of the law laid down by Hon'ble Supreme Court in the case of State of Madhya Pradesh vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the
facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed in respect of the applicant. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties.
6. In view of the aforesaid, the entire criminal proceedings and the impugned summoning order dated 22.8.2024 as well as chargesheet no. 107 of 2024 dated 31.7.2024 and Criminal Case No. 83863 of 2024 (Shaloo Ktheriya vs. Ayush Ktheriya), arising out of Case Crime No. 109 of 2024, under Section 376 IPC, P.S. Juhi, District Kanpur Nagar pending in the Court of Chief Judicial Magistrate, Kanpur Nagar on the basis of compromise dated 9.4.2025 are hereby quashed.
7. The application under Section 528 BNSS stands allowed. October 6, 2025 Abhishek NA528 No. 24627 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad