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2025 DAILYLAW 92930 (ALL)

PANKAJ KUMAR DHURIYA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/35675/2025 · 2025-09-16

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35675 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Bipin Kumar, learned counsel for the applicants as well as learned Additional Government Advocate for the State of U.P. and Sri Rajiv Kumar Pandey, learned counsel appearing on behalf of opposite party no. 2. 2. This petition has been filed by the applicants for quashing of the S.T. No.1760 of 2024 (State Vs. Pankaj Kumar & others), arising out of Case Crime No.0040 of 2024, under Sections 323, 504, 506, 376 I.P.C. and 5/6 POCSO Act, Police Station Bara, District Prayagraj, pending in the court of Special Judge (POCSO) Court No.III, Prayagraj as well as cognizance order dated 22.07.2024 and charge-sheet dated 05.05.2024 issued against the applicant no.1, under Section 323, 504, 506, 376 I.P.C. and 5/6 POCSO Act and against the applicant no.2 under Section 323, 504, 506 I.P.C., on the basis of compromise deed dated 25.08.2025. 3. Learned counsel for the applicants submits that the parties have amicably settled their dispute and have entered into compromise on 25.08.2025, copy of the said compromise deed has been annexed as Annexure No.9 to the application. He further submits that 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 Versus Counsel for Applicant(s) : Bipin Kumar Counsel for Opposite Party(s) : G.A., Rajiv Kumar Pandey Pankaj Kumar Dhuriya And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 17, 2025 AS NA528 No. 35675 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad