High Court
Case Details
Neutral Citation No. - 2025:AHC:125724 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 25690 of 2025 Applicant :- Rizwan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Kumar Mishra Counsel for Opposite Party :- Diwakar Tiwari,Hari Nand Singh Hon'ble Vikas Budhwar,J. 1. Heard Sri Nanhe Lal Tripathi (AoR No. A/N 0049/12) holding
Legal Reasoning
brief of Sri Satish Kumar Mishra, learned counsel for the applicants, Sri Diwakar Tiwari, learned counsel for opposite party no.2 as well as Shri S.P. Singh, learned State Law Officer for the State. 2. This application under Section 528 BNSS has been filed by the applicants to quash the impugned summoning order dated 07.03.2024 passed by the Ld. Special Judge (POCSO Act)/Additional District and Sessions Judge Aligarh in complaint case no. 10 of 2023 (Bablu Vs. Rizwan and others), under sections 354, 323, 504, 506 I.P.C. and section 7/8 POCSO Act, Police Station-Akrabad, District-Aligarh,, pending in the court of Ld. Special Judge (POCSO Act)/Additional District and Sessions Judge Aligarh. 3. Learned counsel for the applicants has submitted that has submitted that proceedings under Section 156(3) Cr.P.C. was lodged by the opposite party No. 2 against the applicants that applicants happened to be the relatives of the opposite party No. 2 and the applicants had taken a loan of Rs.50,000/- and when pressure was being mounted for repayment of the same then on 01.10.2023 at 8:00 PM, the opposite party No. 2 along with his father had gone to the house of the applicants for recovery of the amount then the applicants herein acted as a gang and threatened that they will never return the money back and when the opposite party No. 2 and his father uttered that they will call in a Panchayat then on 01.10.2023 in the night at about 10.35 pm, the applicants herein armed with cudgel and wooden-stick barged into the house of the opposite party No. 2 and after breaking the door came inside and thereafter assaulted with the aid of cudgel, wooden stick, iron rod, fists and legs and then tore the clothes and assaulted the sister of the opposite party No. 2. Since hue and cry was raised, so the villages came there and they will ran away. Post recording of the statements under Section 200 Cr.P.C. of the complainant and 202 Cr.P.C. of the victim, the applicants came to be summoned on 07.03.2024 wherein the applicant No. 1 came to be summoned under Sections 354, 323, 504, 506 and 7/8 POCSO Act and applicant Nos. 2 to 5 under Section 323. 504. 506 IPC. 4. Questioning the summoning order, the applicants herein preferred Application U/S 482 No. 43522 of 2024 in which on 06.01.2025, the following orders were passed: "1. Heard Sri Satish Kumar Mishra, learned counsel for the applicant, Shri Diwakar Tiwari, learned counsel for the informant and Mohd. Shoeb Khan, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the impugned summoning order dated 07.03.2024 passed by learned Special Judge (POCSO Act)/ Additional District and Sessions Judge, Aligarh in Complaint Case No. 10 of 2023 (Bablu Vs. Rizwan and others), under Sections 354, 323, 504, 506 IPC and Section 7/8 POCSO Act, P.S.- Akrabad, District- Aligarh, pending in the court of learned Special Judge (POCSO Act)/ Additional District and Sessions Judge, Aligarh. 3. It is jointly submitted by learned counsel for the applicant as well as learned counsel for informant that essentially the dispute between the parties is money dispute. Thereafter both the parties have filed cases against each other, now they have settled their dispute amicably and complainant has also filed compromise deed dated 21.11.2024 before the court below, the same is still pending. A further request is made by both the parties that on the basis of compromise deed, this application may be dispose of. 4. Considering the aforesaid submissions made by both the parties and taking into account peculiar facts of this case that dispute essentially is a money dispute, the present application is disposed of with direction to the parties to file original deed of compromise before the court below within a period of 15 days and on filing such compromise the court below will verify the same within a period of next one and half month and for a period of two months, no coercive measures shall be taken against the applicants in the aforementioned case. 5. The applicants are granted liberty to file a fresh application under Section 482 Cr.P.C. to quash the main proceedings on the basis of verified compromise." 5. Post order dated 06.01.2025 in the above noted application, the compromise stood verified by the Court of Special Judge, POCSO, Additional District and Sessions Judge, Aligarh on 20.01.2025. Learned counsel for the applicants has submitted that the entire dispute emanated from monetary aspect as the allegation is that the applicants had not returned the amount of Rs. 50,000/-. He seeks to rely upon the judgment of the Honorable Apex Court in Criminal Appeal No(S). - 2025 (arising out of SLP (Crl.) No(s). 7212 of 2025 (Madhukar and Others v. State of Maharashtra and another) and also the coordinate Bench of this Court in Akash Singh v. State of U.P. and another; 2023 0 Supreme (All) 840 so as to contend that the proceedings can be quashed. 6. Learned State Law Officer as well as counsel appearing for the opposite No. 2 submits that once the parties have entered into compromise and the same stands verified also and now there are no differences, thus, there is no occasion to proceed with the matter any further. 7. Considering the submissions so made across the bar and looking into the fact that the parties have entered into compromise which has been verified and now there is no inter se dispute or rivalry or animosity between them, thus, following the judgment of the Hon'ble Apex Court and this Court, in the fitness of the matter does not find it appropriate to further proceed with the matter. 8. Accordingly, the application is allowed. 9. The proceedings of the impugned summoning order dated 07.03.2024 passed by the Ld. Special Judge (POCSO Act)/Additional District and Sessions Judge Aligarh in complaint case no. 10 of 2023 (Bablu Vs. Rizwan and others), under sections 354, 323, 504, 506 I.P.C. and section 7/8 POCSO Act, Police Station-Akrabad, District-Aligarh,, pending in the court of Ld. Special Judge (POCSO Act)/Additional District and Sessions Judge Aligarh, is quashed insofar as it relates to the applicants. Order Date :- 29.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad