State v. Mohd. Naseem) Crime No

1. Sri Rajesh Kumar, Advocate has filed his vakalatnama on behalf of respondent no. 2 & 3, which is taken on record.

2. The present case has been filed under Section 482 Cr.P.C. /528 of B.N.S.S. with the following prayers:- "Wherefore, it is most respectfully prayed that this Hon'ble court may graciously be pleased to set aside the entire proceedings of S.C. No. 1618/2023 (State vs. Mohd. Naseem), Crime no. 272/2023, U/S 365, 366 & 376 IPC & U/S 3/5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020, P.S. Kothi, District Barabanki pending in the court of Additional Session Judge/F.T.C. Court no. 36 Barabanki, and also set aside the summoning order dated 07.08.2023 passed by the Additional Chief Judicial Magistrate, court no. 17, Barabanki and charge sheet No. A-239/2023 contained as ANNEXURE No. 1 & 2 to this petition in the light of the compromise dated 20.03.2025 It is further prayed that this Hon'ble court may kindly be pleased to stay the entire proceedings off S.C. No. 1618/2023 (State vs. Mohd. Naseem) Crime No. 272/2023, U/S 365, 366 & 376 IPC & U/S 3/5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020, P.S. Kothi, District Barabanki pending in the court of Additional Sessions Judge/F.T.C. Court no. 36 Barabanki in light of the compromise dated 20.03.2023."

3. It is stated by learned counsel for the applicant that a perusal of allegations levelled in the FIR lodged by the opposite party no.2, father of opposite party no.3/victim, would show that victim, aged about 21 years at the time of lodging of FIR i.e. on 05.07.2023, was enticed away by the applicant with the help of co-accused.

4. It is also stated that it is apparent from the FIR in issue that on account of non-solemnization of the marriage, the FIR was lodged against the applicant on 05.07.2023.

5. It is stated that the applicant and the opposite party no.3/victim, aged about 21 years at the time of lodging of FIR i.e. on 05.07.2023, were in affair and the opposite party no.2/informant and other family members of the opposite party no.3/victim were opposing this relationship and therefore to get this relationship broken the FIR was lodged and during investigation the opposite party no.3/victim was pressurized to level allegations against the applicant, which were levelled by the victim/opposite party no.3.

6. In continuation it is stated that the victim/opposite party no.3 has married to another person on 23.11.2024 and she is living happily in her matrimonial life and therefore victim/opposite party no.3 does not want to continue with the pending criminal proceedings.

7. It is further stated that during the pendency of criminal proceedings, both the parties have amicably settled their dispute outside the Court and have entered into a compromise dated 20.03.2025 and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.12 to the present application and according to the said compromise, the informant/opposite party no.2 as well as victim/opposite party no.3 does not want to continue with the criminal proceedings.

8. It is further stated that two girls of same family i.e. the cousin sisters on their own sweet will had eloped, one with the present applicant and the other with Shaikh Mohammad Aleem Mohsin @ Sheikh Mohammad Aleem and they came back and both the girls got married to different persons. Shaikh Mohammad Aleem Mohsin @ Sheikh Mohammad Aleem and the victim including the complainant of that case had entered into a compromise and in pursuance thereof, an Application i.e. APPLICATION U/S 482 No. 7652 of 2024 was filed by Shaikh Mohammad Aleem Mohsin @ Sheikh Mohammad Aleem which was allowed on the very first day by this Court by the judgment/order dated 30.01.2025. The copy of which has been enclosed as Annexure no. 13 to the present application, hence the applicant is also entitled for the parity of the said judgment.

9. Learned counsel for the respondent nos. 2 & 3 has submitted that the compromise has been entered into between the parties and he has no grudge or grievance against the applicant now and they do not want to pursue the case against the applicant.

10. Learned counsel for the parties have jointly submitted that the parties have amicably settled their dispute and they have entered into a compromise by means of compromise deed dated 20.03.2025. Copy of which has been enclosed as Annexure no. 1 to the present application.

11. Learned counsel for the applicant has prayed that a liberty may be given to the applicant to file the original copy of the compromise along with the application before the trial court within a period of one week for the purpose of verification of said compromise entered into between the parties and the court below may be directed to verify the compromise.

12. As prayed, a week's time is granted to the applicant to file the original copy of the compromise before the Court below and the court below shall verify the same on 01.05.2025. On the said date all the signatories to the compromise shall appear before the court concerned.

13. List this case in the week commencing 12.05.2025.

14. Till the next date of listing, no coercive action shall be taken against the applicant.

15. The applicant shall file an affidavit bringing on record the certified copy of the order of verification passed by the concerned Court by the next date of listing.

16. When the case is listed next, name of Sri Rajesh Kumar, Advocate be shown in the list as counsel for the respondent nos. 2 & 3.

17. Office is directed to return the original copy of the compromise, after retaining photostat copy of the same. Order Date :- 21.4.2025 Nitesh

1. Sri Rajesh Kumar, Advocate has filed his vakalatnama on behalf of respondent no. 2 & 3, which is taken on record.

2. The present case has been filed under Section 482 Cr.P.C. /528 of B.N.S.S. with the following prayers:- "Wherefore, it is most respectfully prayed that this Hon'ble court may graciously be pleased to set aside the entire proceedings of S.C. No. 1618/2023 (State vs. Mohd. Naseem), Crime no. 272/2023, U/S 365, 366 & 376 IPC & U/S 3/5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020, P.S. Kothi, District Barabanki pending in the court of Additional Session Judge/F.T.C. Court no. 36 Barabanki, and also set aside the summoning order dated 07.08.2023 passed by the Additional Chief Judicial Magistrate, court no. 17, Barabanki and charge sheet No. A-239/2023 contained as ANNEXURE No. 1 & 2 to this petition in the light of the compromise dated 20.03.2025 It is further prayed that this Hon'ble court may kindly be pleased to stay the entire proceedings off S.C. No. 1618/2023 (State vs. Mohd. Naseem) Crime No. 272/2023, U/S 365, 366 & 376 IPC & U/S 3/5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020, P.S. Kothi, District Barabanki pending in the court of Additional Sessions Judge/F.T.C. Court no. 36 Barabanki in light of the compromise dated 20.03.2023."

3. It is stated by learned counsel for the applicant that a perusal of allegations levelled in the FIR lodged by the opposite party no.2, father of opposite party no.3/victim, would show that victim, aged about 21 years at the time of lodging of FIR i.e. on 05.07.2023, was enticed away by the applicant with the help of co-accused.

4. It is also stated that it is apparent from the FIR in issue that on account of non-solemnization of the marriage, the FIR was lodged against the applicant on 05.07.2023.

5. It is stated that the applicant and the opposite party no.3/victim, aged about 21 years at the time of lodging of FIR i.e. on 05.07.2023, were in affair and the opposite party no.2/informant and other family members of the opposite party no.3/victim were opposing this relationship and therefore to get this relationship broken the FIR was lodged and during investigation the opposite party no.3/victim was pressurized to level allegations against the applicant, which were levelled by the victim/opposite party no.3.

6. In continuation it is stated that the victim/opposite party no.3 has married to another person on 23.11.2024 and she is living happily in her matrimonial life and therefore victim/opposite party no.3 does not want to continue with the pending criminal proceedings.

7. It is further stated that during the pendency of criminal proceedings, both the parties have amicably settled their dispute outside the Court and have entered into a compromise dated 20.03.2025 and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.12 to the present application and according to the said compromise, the informant/opposite party no.2 as well as victim/opposite party no.3 does not want to continue with the criminal proceedings.

8. It is further stated that two girls of same family i.e. the cousin sisters on their own sweet will had eloped, one with the present applicant and the other with Shaikh Mohammad Aleem Mohsin @ Sheikh Mohammad Aleem and they came back and both the girls got married to different persons. Shaikh Mohammad Aleem Mohsin @ Sheikh Mohammad Aleem and the victim including the complainant of that case had entered into a compromise and in pursuance thereof, an Application i.e. APPLICATION U/S 482 No. 7652 of 2024 was filed by Shaikh Mohammad Aleem Mohsin @ Sheikh Mohammad Aleem which was allowed on the very first day by this Court by the judgment/order dated 30.01.2025. The copy of which has been enclosed as Annexure no. 13 to the present application, hence the applicant is also entitled for the parity of the said judgment.

9. Learned counsel for the respondent nos. 2 & 3 has submitted that the compromise has been entered into between the parties and he has no grudge or grievance against the applicant now and they do not want to pursue the case against the applicant.

10. Learned counsel for the parties have jointly submitted that the parties have amicably settled their dispute and they have entered into a compromise by means of compromise deed dated 20.03.2025. Copy of which has been enclosed as Annexure no. 1 to the present application.

11. Learned counsel for the applicant has prayed that a liberty may be given to the applicant to file the original copy of the compromise along with the application before the trial court within a period of one week for the purpose of verification of said compromise entered into between the parties and the court below may be directed to verify the compromise.

12. As prayed, a week's time is granted to the applicant to file the original copy of the compromise before the Court below and the court below shall verify the same on 01.05.2025. On the said date all the signatories to the compromise shall appear before the court concerned.

13. List this case in the week commencing 12.05.2025.

14. Till the next date of listing, no coercive action shall be taken against the applicant.

15. The applicant shall file an affidavit bringing on record the certified copy of the order of verification passed by the concerned Court by the next date of listing.

16. When the case is listed next, name of Sri Rajesh Kumar, Advocate be shown in the list as counsel for the respondent nos. 2 & 3.

17. Office is directed to return the original copy of the compromise, after retaining photostat copy of the same. Order Date :- 21.4.2025 Nitesh