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2025 DAILYLAW 80103 (ALL)

SANDEEP SINGH AND OTHERS v. State of U.P. AND ANOTHER

A482/25154/2024 · 2025-09-18

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 25154 of 2024 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Sikandar B. Kochar, learned counsel for the applicant, Sri Sharad Yadav, Advocate holding brief of Sri Deepesh Kumar Ojha, learned counsel for opposite party no.2 as well as learned Additional Government Advocate for the State of U.P.. 2. This petition has been filed by the applicants for quashing of the impugned charge sheet No.1007/2021 dated 12.11.2021, including cognizance order dated 23.12.2021 as well as entire proceedings of Case No.1908 of 2021 (State Vs. Sandeep Singh and others), arising out of Case Crime No. 1067 of 2021, under Sections 323, 354A, 376, 509, 392 I.P.C., Police Station Dhoomanganj, District Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Court No.16, Allahabad, on the basis of compromise. 3. Learned counsel for the applicants submits that the first information report dated 1.10.2021 has been lodged by the first informant on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that as per pre-summoning evidence, which has been recorded as statements of the victim under Sections 161 and 164, Cr.P.C., the applicant No. 1 made physical relations with the victim on the pretext of marriage. Learned counsel for the parties submit that parties have amicably compromised their dispute, copy of the compromise deed dated 20.02.2024 is annexed as Annexure No.4 to the applicant. He submits that in such circumstances, the aforesaid case may be decided in terms of the compromise between the Versus Counsel for Applicant(s) : Shaleen Gupta, Sikandar B. Kochar Counsel for Opposite Party(s) : Deepesh Kumar Ojha, G.A., Ichhvaku Pratap Shahi Sandeep Singh And Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) parties. 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 applicants 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 applicants, as per Rules of Court. 8. With aforesaid directions, the application stands disposed of. September 19, 2025 AS A482 No. 25154 of 2024 2 (Alok Mathur,J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad