Ayush Ktheriya Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ayush Ktheriya Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire criminal proceedings, the impugned summoning order dated 22.8.2024, chargesheet no. 107 of 2024 dated 31.7.2024 and Criminal Case No. 83863 of 2024 (Shaloo Ktheriya vs. Ayush Ktheriya) arising out of Case Crime No. 109 of 2024 under Section 376 IPC, pending in the Court of Chief Judicial Magistrate, Kanpur Nagar, on the basis of the compromise dated 9.4.2025.

Issue for consideration

Whether the entire criminal proceedings arising out of Case Crime No. 109 of 2024 under Section 376 IPC (P.S. Juhi, District Kanpur Nagar) — including the summoning order dated 22.8.2024, chargesheet no. 107 of 2024 dated 31.7.2024 and Criminal Case No. 83863 of 2024 (Shaloo Ktheriya vs. Ayush Ktheriya) pending before the Chief Judicial Magistrate, Kanpur Nagar — may be quashed on the basis of the compromise dated 9.4.2025 arrived at between the applicant and opposite party no. 2.

Court's answer

Since the applicant and opposite party no. 2 have entered into a compromise that has been verified by the learned Court concerned (verification report on record), and keeping in view 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 applicant.

Ratio / Principle

On the basis of the compromise dated 9.4.2025 between the parties, the entire criminal proceedings, the impugned summoning order dated 22.8.2024, chargesheet no. 107 of 2024 dated 31.7.2024 and Criminal Case No. 83863 of 2024 (Shaloo Ktheriya vs. Ayush Ktheriya), arising out of Case Crime No. 109 of 2024 under Section 376 IPC, P.S. Juhi, District Kanpur Nagar, pending before the Chief Judicial Magistrate, Kanpur Nagar, are hereby quashed.

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J.), decision dated October 6, 2025: allowed Application U/S 528 BNSS No. 24627 of 2025 by Ayush Ktheriya seeking quashing of the entire criminal proceedings arising out of Case Crime No. 109 of 2024 under Section 376 IPC, P.S. Juhi, District Kanpur Nagar — namely the summoning order dated 22.8.2024, chargesheet no. 107 of 2024 dated 31.7.2024 and Criminal Case No. 83863 of 2024 (Shaloo Ktheriya vs. Ayush Ktheriya) pending before the Chief Judicial Magistrate, Kanpur Nagar — on the basis of compromise dated 9.4.2025. Counsel submitted, and the learned AGA for the State raised no objection, that the applicant and opposite party no. 2 had entered into a compromise already verified by the Court concerned (verification report on record), had contracted a matrimonial alliance (marriage certificate at page 6 of the supplementary affidavit) and were residing together. Keeping in view 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, the Court held it in the interest of justice to quash the impugned proceedings in respect of the applicant, and accordingly quashed them.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 24627 of 2025

Ayush Ktheriya

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Rajan Tripathi
Counsel for Opposite Party(s)	: G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

Heard Mr. Rajan Tripathi, learned counsel for the applicant and Sri Chandra Shekhar Saran, learned AGA for the State respondents.

This application under Section 528 BNSS has been preferred for quashing the entire criminal proceedings and the impugned summoning order dated 22.8.2024 as well as chargesheet no. 107 of 2024 dated 31.7.2024 and Criminal Case No. 83863 of 2024 (Shaloo Ktheriya vs. Ayush Ktheriya), arising out of Case Crime No. 109 of 2024, under Section 376 IPC, P.S. Juhi, District Kanpur Nagar pending in the Court of Chief Judicial Magistrate, Kanpur Nagar on the basis of compromise dated 9.4.2025.

It is contended by the learned counsel for the applicant that the applicant and the opposite party no. 2 have entered into compromise and the same has already been verified by the learned Court concerned and a report regarding the same is on the record. It is further submitted that the applicant and the opposite party no. 2 have entered into matrimonial alliance and certificate of marriage is on the record i.e. at page 6 of the supplementary affidavit. It is further submitted that the parties are residing together. It is thus submitted that in view of the compromise arrived at between the applicant and opposite party no. 2, proceedings of the aforesaid case be quashed against the applicant.

On the other hand, llearned AGA for the State have no objection to the above submissions made by the learned counsel for the applicant.

NA528 No. 24627 of 2025

2

In view of the fact that the applicant and opposite party no. 2 have entered into compromise and the said compromise has been verified by the learned Court concerned and a report regarding verification of compromise is already on record and keeping in view 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 applicant. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties.

In view of the aforesaid, the entire criminal proceedings and the impugned summoning order dated 22.8.2024 as well as chargesheet no. 107 of 2024 dated 31.7.2024 and Criminal Case No. 83863 of 2024 (Shaloo Ktheriya vs. Ayush Ktheriya), arising out of Case Crime No. 109 of 2024, under Section 376 IPC, P.S. Juhi, District Kanpur Nagar pending in the Court of Chief Judicial Magistrate, Kanpur Nagar on the basis of compromise dated 9.4.2025 are hereby quashed.

The application under Section 528 BNSS stands allowed .

(Jitendra Kumar Sinha,J.)

October 6, 2025 Abhishek

Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad