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2025 DAILYLAW 89445 (ALL)

ANWAR ALI v. State of U.P. AND 4 OTHERS

A482/28453/2024 · 2025-03-17

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38942 Court No. - 74 Case :- APPLICATION U/S 482 No. - 28453 of 2024 Applicant :- Anwar Ali Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ashutosh, learned counsel appearing on behalf of applicant, Sri Pawan Kumar, learned counsel appearing for informant and learned AGA for the State. 2. The instant petition has been preferred with the prayer to quash the entire proceedings including charge sheet as well as cognizance order dated 25.03.2014 passed in Special Case no. 365 of 2014 arising out of Case Crime no. 538 of 2013 (State versus Anwar Ali) under sections 323, 354A IPC and 11/12 POCSO Act, Police Station Suar, District Rampur pending in the court of learned Additional District and Sessions Judge/Special Judge (POCSO Act), District Rampur in pursuance to the charge sheet submitted by the Investigating Officer of the case on the basis of compromise. It is also prayed to stay the effect and operation of entire proceeding of Special Case no. 365 of 2014 during pendency of the instant application. 3. At the very outset, learned counsel for the applicant submitted that there is a compromise which has been preferred before learned court of Additional District Judge-8 (POCSO Act), District Rampur on dated 28.03.2024 and the same has been admitted by learned counsel appearing for informant. 4. After considering the essence of the compromise, coordinate Bench of this Court directed learned AGA to verify the facts of the aforesaid compromise and submit a report vide order dated 08.01.2025 and in response, learned AGA today submitted through instructions that compromise has already been taken place between the parties on the basis of reaffirming the same by way of submitting separate affidavits. 5. In pursuance to the compromise certain more facts have been apprised by learned counsel appearing on behalf of applicant that victim and the applicant are presently leading their peaceful life being a married couple having three childrens whose identification are also appended in shape of Adhaar card which is having name of victim along with name of applicant being Anwar Husain. 6. Learned counsel for the applicant also submitted that at the time of institution of FIR, name of Anwar Husain has been mentioned as Anwar Ali, otherwise applicant being Anwar Ali is the same person who is having identification mentioned over the Adhaar card as father of children as Anwar Husain. 7. In view of the aforementioned facts and circumstances, entire proceedings arising out of Case Crime no. 538 of 2013 (State versus Anwar Ali) which is pending in shape of Sessions Trial no. 202 of 2017 before learned court of Special Judge, POCSO Act, Rampur is hereby quashed and set aside. 8. The instant petition stands allowed accordingly. Order Date :- 18.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad