Disposed

Santosh Kushwaha v. State of U.P. and Another

Allahabad HC15 Oct 2025NA528/37221/2025

Case brief

AI extract

What is this about?

The applicant sought quashing of proceedings citing a compromise and false implication. The Court noted the admission of compromise and the allegation that the victim was unaware of the FIR contents. The Court stayed the trial court proceedings and directed the exchange of affidavits and verification of the compromise by the trial court.

What did the court decide?

Stay granted on proceedings of Session Case No.536 of 2025; parties directed to file and verify compromise.

Santosh Kushwaha vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37221 of 2025

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Santosh Kushwaha

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.....Applicant(s)

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Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Shiv Kumar Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 81

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HON'BLE AVNISH SAXENA, J.

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Ms. Kavya, learned counsel appears for the applicant and submits that accused-applicant has been falsely implicated in the case of rape by opposite party no.2, who is already married. There is compromise entered into between the parties wherein it

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is mentioned that contents of F.I.R. has not been read over to opposite party no.2 and she has merely put her thumb impression and was not knowing the contents of the F.I.R., hence, seeks intervention of this Court to quash the charge-sheet and entire proceedings of the case.

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Learned A.G.A. is present for State-opposite party no.1.

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Sri Dilip Kumar Shukla, learned Advocate has filed Vakalatnama on behalf of opposite party no.2, the same is taken on record. He admits the factum of compromise between the parties.

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List this case on 26.11.2025.

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Meanwhile, the parties may exchange the affidavits.

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The parties may appear before the trial court and file the compromise entered into between the parties, which shall be verified by the trial court. The trial court may return the certified copy of compromise, keeping the original in the record, to this Court at an early date.

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Considering that the opposite party no.2 has shown ignorance

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NA528 No. 37221 of 2025

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on contents of the F.I.R. and false allegation of rape has been made against the applicant, further proceedings in Session Case No.536 of 2025 arising out of Case Crime No.0164 of 2024 under Sections 64, 115(2) and 351(3) B.N.S., Police Station Sakrar, District Jhansi, pending in the court of Session Judge, Jhansi is stayed.

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October 15, 2025 MN/-

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(Avnish Saxena,J.)

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Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad

Santosh Kushwaha v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Santosh Kushwaha v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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