Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27877 of 2025 Court No. - 92 HON'BLE KSHITIJ SHAILENDRA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for opposite party no. 1.
2. This application has been filed challenging the charge-sheet dated 01.09.2022 and summoning order dated 01.11.2022 as well as entire proceedings of Case No. 714 of 2022 (State vs. Shoaib) arising out of Case Crime No. 182 of 2022, under Sections 363, 366 of I.P.C., Police Station- Tirwa, District- Kannauj, pending in the court of Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Kannauj on the basis of verification report dated 01.05.2025.
3. Submission is that pursuant to the order dated 24.02.2025 passed in Application U/S 482 No. 8008 of 2023, the compromise has been verified by the court concerned. Certified copy of the duly verified compromise has been annexed as Annexure No. 4 to the affidavit. Statement of opposite party no. 2 has also been recorded by the concerned court on 01.05.2025, wherein she has stated that her daughter had performed marriage with the applicant and she has no inclination to prosecute him.
4. Considering the nature of offence and the settlement between the parties, which has already been verified, and in view of the law laid down by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and another; (2012) 10 SCC 303 and Nikhil Merchant vs. Central Bureau of Investigation and another; (2008) 9 SCC 677, the application deserves to be allowed. Versus Counsel for Applicant(s) : Ram Babu Singh Counsel for Opposite Party(s) : G.A. Shoaib .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. Accordingly, the application is allowed.
6. The proceedings of the aforesaid case are hereby quashed. September 16, 2025 Pkb/ NA528 No. 27877 of 2025 2
(Kshitij Shailendra,J.) Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad