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2025 DAILYLAW 92936 (ALL)

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

NA528/34053/2025 · 2025-09-15

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34053 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Kalp Dev Mihra, learned counsel for the applicants as well as learned Additional Government Advocate for the State of U.P. and Sri Anil Kumar learned counsel appearing on behalf of opposite party no. 2. 2. It has been submitted by learned counsel for applicant that applicant is an accused in Sessions Trial No. 146 of 2024 (State Vs. Mohd.Arif) arising out of Case Crime No. 28 of 2024, U/S 363, 366, 376 I.P.C. and Section 5/6 of POCSO Act, Police Station Kotwali Jaunpur, District - Jaunpur. 3. It has been submitted by learned counsel for applicant that according to first information report which was lodged by father of the prosecutrix who is minor has left the house on 13.01.2024 and was not returned and accordingly the first information report was lodged U/S 363, 366, 376 I.P.C. and Section 5/6 of POCSO Act. Subsequently the prosecutrix was recovered and the statement U/S 161 and 164 of Cr.P.C. were recorded. 4. She has clearly stated that she has left the house on her own volition with the applicant who incidentally the brother-in-law of the prosecutrix and the divorce with her sister has occurred only two weeks prior and also that the prosecutrix and the applicant have got married in a Mosque on 23.01.2024 and also expressed her desire to live with the applicant. Subsequently the parties have entered into a compromise which has been annexed along with this petition. 5. 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. 6. 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. 7. 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 Versus Counsel for Applicant(s) : Kalp Dev Mishra Counsel for Opposite Party(s) : Anil Kumar, G.A., Suneel Mohd. Arif .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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. 8. For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case. 9. 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 16, 2025 Ravi/- NA528 No. 34053 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad