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Neutral Citation No. - 2025:AHC:143339 Court No. - 89 Case :- APPLICATION U/S 482 No. - 24693 of 2024 Applicant :- Amit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Javed Khan,Parvez Khan,Subuhi Naseem Counsel for Opposite Party :- G.A.,Jiya Uddeen,Rajesh Kumar,Saurabh Yadav,Suraj Raj,Yaduvir Singh Hon'ble Jitendra Kumar Sinha,J.
1. The case is taken up on mentioning.
2. Supplementary affidavit filed on behalf of the applicants, is taken on record.
3. Heard Sri Javed Khan, learned counsel for the applicant, Sri Jiya Uddeen,
learned counsel for opposite party no.2 and Sri Manoj Gautam, learned AGA for the State-opposite party no.1.
4. This application u/s 482 Cr.P.C. has been preferred with prayer to quash the charge sheet dated 12.02.2024, being Charge Sheet No.42 of 2024, as well as entire proceedings registered in its pursuance as Case No.1052 of 2024(State of U.P. Vs. Amit Kumar), under sections 376, 323, 506, IPC, Police Station Sikandara, District Agra, arising out of Case Crime No.958 of 2023, Police Station Sikandara, District Agra, including the cognizance/summoning order dated 08.05.2024, passed by the learned court below, pending before the court of learned Chief Judicial Magistrate, Agra.
5. It is contended by learned counsel for the applicant that as per the allegation made in the first information report the applicant is said to have committed rape on the victim after making false promise of marriage. He further submits that the applicant and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise sent by the court concerned is already on the record. He further submits that certified copy of the proceeding of compromise verification is also on record and annexed as annexure no.S.A.-2 to the supplementary affidavit filed today.
Learned counsel for the applicant further prays that in view of the compromise entered into between the applicant and opposite party no.2, the proceeding of the aforesaid case be quashed.
6. On the other hand, learned counsel for the opposite party no.2 and learned AGA for the State have no objection to the above submissions made by
learned counsel for the applicant.
7. In view of the fact that applicant and opposite party no.2 have entered into compromised and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise sent by the court concerned is already on the record and taking note of the law laid down by Hon'ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, in respect of the applicant.
8. In view of the aforesaid, the charge sheet dated 12.02.2024, being Charge Sheet No.42 of 2024, as well as entire proceedings registered in its pursuance as Case No.1052 of 2024(State of U.P. Vs. Amit Kumar), under sections 376, 323, 506, IPC, Police Station Sikandara, District Agra, arising out of Case Crime No.958 of 2023, Police Station Sikandara, District Agra, including the cognizance/summoning order dated 08.05.2024, passed by the learned court below, are hereby quashed.
9. The application u/s 482 Cr.P.C. is hereby allowed.
Order Date :- 20.8.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad