Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 79439 (ALL)

ABHISHEK VISVAKARMA v. STATE OF U.P. AND 2 OTHERS

NA528/27167/2025 · 2025-09-17

Alok Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27167 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Mr. Mohd. Warish Khan, learned counsel for the applicant, Mr. Mahtab Alam, Advocate holding brief of Mr. Mohammad Yaseen, learned counsel for opposite party no.2 and 3 and learned AGA for the State. 2. By means of the present application filed U/S 528 BNSS the applicant has prayed for quashing of the charge-sheet No.09 of 2024 dated 11.01.2024 as well as entire proceedings of Session Trial No.95 of 2024 (State Vs. Abhishek Vishwkarma), arising out of Case Crime No. 203 of 2023, under Sections 363, 376 I.P.C. and 3/4 POCSO Act, Police Station Tarkulwa, District Deoria, pending in the court of Additional District and Session Judge/ Special Judge (POCSO) Room No.1, Deoria on the basis of compromise. 3. It has been stated by the counsel for the applicant that initially a first information report was lodged on 06.07.2023 under Section 363 I.P.C. with the allegations that daughter of the informant had gone out for some work and has not returned and despite taking efforts of tracing her she could not be found. Subsequently, the prosecutrix was recovered and her statement was recorded during investigation. In her statement under Section 164 Cr.P.C. she has disclosed her age to be 23 years and denied occurrence of any untoward incident against her and even denied knowing the applicant. He further submits that subsequently, a compromise has been arrived at between the parties on 01.07.2025 where both the parties have decided not to prosecute the criminal cases against each other. In view of the aforesaid, he prays for quashing of the entire proceedings Versus Counsel for Applicant(s) : Mohd. Warish Khan Counsel for Opposite Party(s) : G.A., Mohammad Yaseen Abhishek Visvakarma .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) against the applicant on the basis of compromise. 4. 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. 5. 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. 6. For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case. 7. Original copy of compromise, if filed before this Court along with the present application, be returned to the learned counsel for applicant, as per Rules of Court. 8. With aforesaid directions, the application stands disposed of. September 18, 2025 AS NA528 No. 27167 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 Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad