Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25812 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J.
1. Supplementary affidavit on behalf of the applicant filed today in the Court is taken on record.
2. Heard Mr. J. N. Tripathi, learned counsel for the applicant, Mr. A. Pandey, learned counsel for opposite party no.2 as well as learned AGA for the State.
3. By means of the present application U/S 528 BNSS the applicant has prayed for quashing of the proceedings of Session Trial No.1123 of 2022 (State Vs. Abhishek Kumar), arising out of Case Crime No. 0048 of 2022, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Bithoor, District Kanpur Nagar, pending in the court of Additional Sessions Judge/ Additional District Judge, Court No.22, Kanpur Nagar.
4. 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. It has further been submitted that even the prosecutrix is a minor still the proceedings can be quashed in case the parties have arrived at an agreement or solemnized marriage. In support of his submission learned counsel for relied upon a
judgment of Hon'ble Supreme Court in the case of Mahesh Mukund Patel Vs. State of U.P. & Ors. in Criminal Appeal No. 001005/2025 (Arising out of Special Leave Petition (Criminal) No.492/2025) and a
judgment of this Court in the case of Fakre Alam @ Shozil Vs. State of U.P. And 3 Others; 2023:AHC:124719.
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 Versus Counsel for Applicant(s) : Jitendra Narayan Tripathi Counsel for Opposite Party(s) : G.A. Abhishek Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
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 applicants in the aforesaid case.
8. 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.
9. With aforesaid directions, the application stands disposed of.
September 18, 2025 AS NA528 No. 25812 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad