Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 7896 (ALL)

MANOJ KUMAR AND 2 OTHERS v. State of UP AND ANOTHER

A482/5664/2024 · 2025-09-03

Avnish Saxena

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 5664 of 2024 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. Sri Gaurav Tripathi, learned counsel for the applicants, Sri Pankaj Kumar Mishra, learned counsel for the opposite party no.2 and learned A.G.A. for the State are present. 2. The instant application under Section 482 CR.P.C. has been moved with a prayer to quash the charge sheet dated 02.11.2019 as well as entire proceedings of Sessions Trial No.200 of 2020 (State Vs. Manoj Kumar and others), arising out of Case Crime No.138 of 2019, under Sections 376D, 504, 506 IPC and Section 67A of I.T. Act Amendment Act, 2008, Police Station Chaubiya, District Etawah, pending in the court of learned FTC-1/Additional Sessions Judge, Etawah. 3. Learned counsel for the applicants submits that the opposite party no.2 has lodged FIR against the applicants for the offence of rape on false pretext of marriage. This allegation has been leveled against the applicant no.1. Further allegation of rape has been leveled against the applicant nos.2 and 3. There is compromise entered into between the parties. The compromise deed is at page 74 of the application. 4. Learned counsel for the opposite party no.2 admits that there is compromise between the parties. 5. Learned A.G.A. submits that the matter pertains to gang rape wherein there should not be any compromise. Versus Counsel for Applicant(s) : Gaurav Tripathi Counsel for Opposite Party(s) : G.A. Manoj Kumar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. This Court by order dated 15.04.2024 directed the trial court to verify the compromise. 7. The Chief Judicial Magistrate, Etawah, by letter dated 10.05.2024, has intimated to this Court that the compromise is duly verified. 8. There is no point in getting the trial continued, when the parties have buried their differences as the star witness would not support the prosecution case. 9. Thus, the proceeding arose out of case crime number mentioned above is hereby quashed. Consequently, the proceedings of trial also quashed. 10. The application U/s 482 Cr.P.C. is allowed accordingly. September 4, 2025 Mini A482 No. 5664 of 2024 2 (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad