Raja Alias Vishal Alias Chhotu Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Raja Alias Vishal Alias Chhotu Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the impugned amended charge sheet dated 31.07.2024, its cognizance order dated 17.09.2024 passed by the Sessions Judge, Agra, and the entire proceeding of Session Trial No.1775 of 2024 (State Vs. Raja @ Vishal) arising out of Case Crime No.1361 of 2018, under sections 363, 366 IPC, Police Station Tajganj, District Agra.

Issue for consideration

Whether the impugned amended charge sheet dated 31.07.2024, its cognizance order dated 17.09.2024 passed by the Sessions Judge, Agra, and the entire proceeding of Session Trial No.1775 of 2024 (arising out of Case Crime No.1361 of 2018, under sections 363, 366 IPC) may be quashed on the basis of the verified compromise between the applicant and the victim, the death of the first informant, and the marriage of the parties.

Court's answer

In view of the death of the first informant (father of the victim), the marriage of the applicant and the victim of their own free will, their peaceful living as husband and wife with two children born of the wedlock, and the compromise already verified by the learned court concerned with its verification report on record, and taking note of the law laid down by the Hon'ble Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan and others (AIR 2019 SC 1296) and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed in respect of the applicants.

Ratio / Principle

The impugned amended charge sheet dated 31.07.2024, its cognizance order dated 17.09.2024 passed by the Sessions Judge, Agra, and the entire proceeding of Session Trial No.1775 of 2024 (State Vs. Raja @ Vishal) arising out of Case Crime No.1361 of 2018 are hereby quashed.

Key takeaways

The application u/s 482 Cr.P.C. is hereby allowed.ratio¶21

Detailed headnote1 paragraphs

Applications U/S 482 No. 39860 of 2024 (Allahabad HC, Jitendra Kumar Sinha, J., dec. 16.09.2025) sought quashing of the amended charge sheet dated 31.07.2024, its cognizance order dated 17.09.2024 passed by the Sessions Judge, Agra, and the entire proceeding of Session Trial No.1775 of 2024 (State Vs. Raja @ Vishal) arising out of Case Crime No.1361 of 2018 under Sections 363, 366 IPC, P.S. Tajganj, District Agra, on the basis of compromise. The first informant (father of the victim) had passed away with a death report on record; the applicant and the victim had married of their own free will, were living peacefully as husband and wife, and two children were born of the wedlock; their compromise had been verified by the learned court concerned with the verification report on record; and the State (AGA) raised no objection. Taking note of the law laid down by the Hon'ble Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296, the Court held that quashing would serve the interest of justice, quashed the charge sheet, cognizance order and the entire session trial proceeding, and allowed the application.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 39860 of 2024

Raja Alias Vishal Alias Chhotu

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Surendra Kumar Tripathi
Counsel for Opposite Party(s)	: G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

The case is taken up on mentioning.

Heard Sri Surendra Kumar Tripathi, learned counsel for the applicant and Sri Chandra Shekhar Saran, learned AGA for the State-opposite party no.1.

This application u/s 482 Cr.P.C. has been preferred with prayer to quash the impugned amended charge sheet dated 31.07.2024 as well as its cognizance order dated 17.09.2024, passed by Sessions Judge, Agra, as well as entire proceeding of Session Trial No.1775 of 2024 (State Vs. Raja @ Vishal), arising out of Case Crime No.1361 of 2018, under sections 363, 366, IPC, Police Station Tajganj, District Agra, pending in the court of Sessions Judge, Agra, on the basis of compromise.

It is contended by learned counsel for the applicant that the first informant/opposite party no.2, who is the father of victim has already passed away and a report regard death of the first informant is already on record. It is further contended that the applicant and the victim have married each other of their own free will and they are living peacefully as husband and wife and two children have born of their wedlock.

It is further contended by learned counsel for the applicant that applicant and the victim/daughter of the opposite party no.2 have entered into compromise and the said compromise has already been verified by the

A482 No. 39860 of 2024

2

learned court concerned and a report regarding verification of compromise sent by the court concerned is already on the record. Learned counsel for the applicant further prays that in view of the compromise entered into between the applicants and the victim/daughter of the opposite party no.2, the proceeding of the aforesaid case be quashed.

On the other hand, learned AGA for the State has no objection to the above submissions made by learned counsel for the applicants.

In view of the fact that the first informant/opposite party no.2, who is the father of the victim has already passed away and a report regard his death is already on record. The applicant and the victim have married each other of their own free will and they are living peaceful as husband and wife and two children are born of their wedlock. The applicants and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise is already on the record and taking note of the law laid down by Hon'ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, in respect of the applicants.

In view of the aforesaid, the impugned amended charge sheet dated 31.07.2024 as well as its cognizance order dated 17.09.2024, passed by Sessions Judge, Agra, as well as entire proceeding of Session Trial No.1775 of 2024 (State Vs. Raja @ Vishal), arising out of Case Crime No.1361 of 2018, under sections 363, 366, IPC, Police Station Tajganj, District Agra, pending in the court of Sessions Judge, Agra, are hereby quashed.

The application u/s 482 Cr.P.C. is hereby allowed .

September 16, 2025 VKG

(Jitendra Kumar Sinha,J.)

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