SURAJ CHANU CHOURASIYA @ SURAJ CHOURASIYAversusSTATE OF U.P.AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   APPLICATION U/S 482 No. - 20863 of 2023

Suraj Chanu Chourasiya @ Suraj Chourasiya
                                                             .....Applicant(s)
                                   Versus

State Of U.P.And 3 Others
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)             :   Ratnesh Kumar Tiwari
Counsel for Opposite Party(s)        :   G.A., Kamla Shanker Pathak

Court No. - 53
                       HON'BLE SAMIT GOPAL, J.

1. List revised.

2. Heard Sri Ratnesh Kumar Tiwari, learned counsel for the applicant, Sri
Kamla Shanker Pathak, learned counsel for the opposite party no.
2/complainant, Sri Ajay Singh, learned A.G.A.-I for the State and perused
the record.

3. This application u/s 482 Cr.P.C. has been filed by the applicant with
the following prayers:-

"It is therefore most respectfully prayed that this Hon'ble Court may
graciously be pleased to allow this application and quash the entire
proceedings of complaint case no. 117 of 2018 CNR. No.
UPCD010024672018 Hari Shankar Chourasiya Vs. Suraj Chourasiya, U/s
363, 366, 376, I.P.C. and 3/4 POCSO Act P.S. Balua District Chandauli
on the basis of out of court compromise between the parties pending in
the court of Special Judge (Pocso Act) Chandauli and quash the
Summoning order dated 30/04/2019 issued U/s 363, 366, 376, I.P.C. and
3/4 POCSO Act against the applicant by Additional Sessions Judge 1st,
Chandauli in complaint case no. 117 of 2018.


And further be pleased to quash the order dated 04/04/2023 passed by the
Special Judge (Pocso Act) Chandauli by which learned Special Judge
rejected the application 31/03/2023 presented by the complainant to
withdraw his complaint case no. 117 of 2018.
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It further be prayed that this Hon'ble Court may kindly be pleased to stay
the effect and operation of the summoning order dated 30/04/2019 U/s
363, 366, 376 I.P.C. and 3/4 POCSO Act issued against applicant by
Additional Sessions Judge 1st, Court No.1, Chandauli in complaint case
no. 117 of 2018 CNR. No. UPCD010024672018 Hari Shankar
Chourasiya Vs. Suraj Chourasiya and effect and operation of order dated
04/04/2023 passed by Special Judge (Pocso Act) Chandauli in complaint
no. 117 of 2018 (Hari Shankar Chourasiya Vs. Suraj Chourasiya) during
the pendency of aforesaid application before this Hon'ble Court otherwise
the applicant shall suffer irreparable loss and injury."

4. Learned counsel for the applicant argued that the parties have settled
the dispute amicably out of court and on the basis of compromise the
applicant filed the present application before this Court in which an order
for verification of the compromise was passed on 17.12.2025. It is argued
that in compliance of the said order of this Court, the parties have filed
the order of this Court along with certified copy of the supplementary
affidavit and its annexure being the compromise deed dated 26.11.2025
before the concerned court for its verification after which the concerned
court has verified the said compromise vide its order dated 02.2.2026,
copy of the said verification order has been placed on record by the office
through its report dated 3.2.2026. It is argued that the opposite party no. 2
is not interested to pursue the matter pending in the trial court and is not
inclined to give any evidence against the applicants and therefore the
impugned proceedings be quashed on the ground of compromise between
the parties.

5. Learned counsel for the opposite party no. 2 could not dispute the
factum of compromise and submits that he has no objection to it.

6. Learned State counsel although opposed the prayer for quashing but
could not dispute the fact that the matter has been amicably settled
between the parties which was duly verified by the concerned trial court.

7. The law with regards to quashing of a case on the basis of settlement
arrived between the parties, is well settled. The Apex Court in the cases of
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                                    (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4
                                    SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation :
                                    (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16
                                    SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5)
                                    Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC
                                    278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and
                                    others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that
                                    the cases in which the parties have settled their grievances can be
                                    quashed.

                                    8. From perusal of the records and the law laid down by the Apex Court
                                    on the subject matter, the present case is a good case for exercising
                                    powers by this Court to quash the impugned proceedings, summoning
                                    order and the order dated 04/04/2023 as prayed for by the applicant(s).

                                    10. The present application is allowed.

                                    11. The impugned proceedings, summoning order and the order
                                    dated 04/04/2023 as prayed for by the applicant of the said case are
                                    hereby quashed.



                                                                                          (Samit Gopal,J.)
                                    March 18, 2026
                                    Naresh




Digitally signed by :-
NARESH KUMAR
High Court of Judicature at Allahabad