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2025 DAILYLAW 85324 (ALL)

MOHD ARIF v. STATE OF U.P. AND 3 OTHERS

NA528/29597/2025 · 2025-09-17

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29597 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Gaurav Kumar Singh, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and Sri Sarwam Dwivedi, learned counsel appearing on behalf of opposite party no. 2. 2. This petition has been filed by the applicants for quashing of the impugned charge sheet dated 19.4.2023 and summoning order dated 27.4.2023 as well as entire criminal proceedings of S.T. No.697/2023, case crime No.107/2023 (State VS. Mohd. Arif) under Sections 376, 363, 366 IPC and 3/4 of POCSO Act, police station Dhanghata, District Sant Kabir Nagar pending before Special Judge/FTC, Sant Kabir Nagar. 3.Supplementary affidavit filed today is taken on record. Learned counsel for the parties submit that parties have amicably compromised their dispute, therefore, the aforesaid case may be decided in terms of the compromise between the 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. Versus Counsel for Applicant(s) : Gaurav Kumar Singh Counsel for Opposite Party(s) : G.A., Sarwam Dwivedi Mohd Arif .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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 18, 2025 RKM. NA528 No. 29597 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad