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2025 DAILYLAW 77820 (ALL)

MONISH GHOSI ALIAS TANNU v. STATE OF U.P. AND 3 OTHERS

NA528/26366/2025 · 2025-09-16

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26366 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Short counter affidavit on behalf of the opposite party no.2 filed today in the Court is taken on record. 2. Heard Sri Siddarth Jaiswal, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and Sri Ashok Kumar Jaiswal, learned counsel appearing on behalf of opposite party no. 2. 3. This petition has been filed by the applicants for quashing of the Special Sessions Trial No.930 of 2022, arising out of Case Crime No.06 of 2022, under Sections 323, 504, 506, 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Chamanganj, District Kanpur Nagar, on the basis of compromise deed dated 10.05.2025. 4. Learned counsel for the applicants submits that the parties have amicably settled their dispute and have entered into compromise. The compromise deed dated 10.05.2025 has been moved before the Court concerned mentioning therein that they have entered into compromise and they do not want to press the case, copy of the said compromise deed has been annexed as Annexure-CA-1 to the short counter affidavit. He further submits that the 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 Versus Counsel for Applicant(s) : Siddarth Jaiswal Counsel for Opposite Party(s) : Ashok Kumar Jaiswal, G.A., Noori Ullah Monish Ghosi Alias Tannu .....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 17, 2025 AS NA528 No. 26366 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