Rahul Alias Sudhanshu Kumar Gautam and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rahul Alias Sudhanshu Kumar Gautam and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief and directions: (i) trial-court proceedings in Sessions Trial No. 1084 of 2021 stayed till the next date of list; (ii) applicants and opposite party no. 2 to appear before the trial Court on 14.10.2025 and execute a fresh compromise bearing opposite party no. 2's signature for identity/signature examination and, if genuine, verification by the trial Court; (iii) verified compromise with trial Court's order and supplementary affidavit to be filed before this High Court within two weeks; (iv) matter listed fresh for 03.11.2025. No final quashing decision recorded at this stage.

Issue for consideration

Whether the chargesheet dated 07.11.2019, the cognizance taken and the summoning order dated 10.11.2020 in Sessions Trial No. 1084 of 2021 (Case Crime No. 873 of 2019, Section 366 I.P.C., P.S. Majhola, Moradabad), pending before Additional District and Sessions Judge/F.T.C.-I, Moradabad, should be quashed, in view of the reported marriage affidavit and compromise dated 25.03.2025 between the parties.

Court's answer

The applicants and opposite party no. 2 are directed to appear before the trial Court on 14.10.2025 and file a fresh compromise bearing the signature of opposite party no. 2; the trial Court may consider and examine the identity and signature of the parties and, if found genuine, proceed to verify the compromise. The Court thus routed verification of the compromise to the concerned court below rather than acting on the annexed compromise itself.

Ratio / Principle

If the trial Court verifies the compromise, a copy of the trial Court's order together with the duly verified compromise, alongwith a supplementary affidavit, is to be filed before this High Court within the next two weeks so that further action may be taken thereon.

Key takeaways

As an interim measure, further proceedings of the learned trial court in Sessions Trial No. 1084 of 2021 are stayed till the next date of list (fresh listing fixed for 03.11.2025).ratio¶21

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Ram Manohar Narayan Mishra, J.) — Application U/S 528 BNSS No. 12683 of 2025, order dated September 25, 2025. Applicants Rahul @ Sudhanshu Kumar Gautam and another sought quashing of the chargesheet dated 07.11.2019, cognizance and Summoning order dated 10.11.2020 in Sessions Trial No. 1084 of 2021 (Case Crime No. 873 of 2019, S. 366 I.P.C., P.S. Majhola, District Moradabad) pending before Additional District and Sessions Judge/F.T.C.-I, Moradabad. The FIR alleged enticement of the informant's daughter, aged about 18 years, on 11.10.2019; the victim thereafter filed an affidavit affirming her marriage with applicant no. 1 and residence with him, and a compromise dated 25.03.2025 was submitted (Annexure No. 4) following settlement between the contesting parties. The Court did not itself verify or act upon the annexed compromise: it directed the applicants and opposite party no. 2 to appear before the trial Court on 14.10.2025 with a fresh compromise bearing the signature of opposite party no. 2, leaving examination of identity/signatures and verification to the trial Court; upon verification, the trial Court's order and the duly verified compromise, with a supplementary affidavit, were to be filed before this Court within two weeks. The matter was listed fresh for 03.11.2025, with further proceedings of the trial court stayed in the interim. No precedent cases were cited or engaged; no final quashing determination was made in this order.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 12683 of 2025

Rahul Alias Sudhanshu Kumar Gautam And Another

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Mohd. Kamar Shah Alam
Counsel for Opposite Party(s)	: G.A.

Court No. - 92

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

1.Vakalatnama filed on behalf of Opposite Party No. 2 in the Court today is taken on record.

Heard learned counsel for the applicants, learned counsel for opposite party no. 2 and learned A.G.A. for the State and perused the record.

The instant application has been filed for quashing the chargesheet dated 07.11.2019, cognizance as well as Summoning order dated 10.11.2020 in Sessions Trial No. 1084 of 2021, arising out of Case Crime No. 873 of 2019 under Section 366 I.P.C., Police Station- Majhola, District- Moradabad, pending in the court of Additional District and Sessions Judge/F.T.C.-I, Moradabad.

Learned counsel for the applicants submits that in the FIR, there is allegation against the applicant that he enticed away daughter of the informant on 11.10.2019 from her house who is aged about 18 years. The police investigated the case and filed chargesheet against the applicant under Section 366 I.P.C. He next submits that the victim has filed an affidavit in support of the applicants stating therein that she has solemnized marriage with applicant no.1, namely, Rahul @ Sudhanshu Kumar Gautam and is residing with him. He further submits that the alleged offence is not of a serious nature and is triable by Magistrate. Due to the intervention of some respectable persons and well-wishers of both parties, a compromise has arrived at between the contesting parties, and they are no longer inclined to proceed with the said criminal case. The dispute has, in fact, arisen out of a private matter between the parties. It is, therefore, prayed that necessary direction may kindly be issued to the trial Court to verify the compromise dated 25.03.2025 which has been entered into between the parties. A copy of

NA528 No. 12683 of 2025

2

the said compromise has been annexed as Annexure No. 4 to the affidavit.

Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into a compromise. Therefore, the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which shall be decided in accordance with law.

The applicants and opposite party No.2 are directed to appear before the trial Court on 14.10.2025 and file a fresh compromise before trial Court, bearing signature of opposite party No.2 and trial Court may consider and examine the identity and signature of the parties, and if it is found genuine, the court may proceed for verifying the same.

In case, the same is verified by the trial Court, a copy of the order of the trial Court alongwith a copy of compromise duly verified by the trial Court, be filed before this Court within next two weeks alongwith supplementary affidavit, so further action may be taken thereon.

List this case on 03.11.2025 as fresh.

Till the next date of list, further proceedings of the learned trial court in the aforesaid case shall remain stayed.

September 25, 2025 Anjali

(Ram Manohar Narayan Mishra,J.)

Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad