Kunal Sahani vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Kunal Sahani vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of further proceedings of Case Crime No. 03 of 2024 (State Vs. Kunal Sahani) under Sections 376 (2), 504, 313 IPC and Section 3(2)(Va) of SC/ST Act, pending verification by the trial court of the compromise filed by the parties; parties permitted to exchange affidavits; matter listed for 25.11.2025. Final decision on quashing the charge sheet deferred.

Issue for consideration

Whether this Court should interfere to quash the charge sheet and proceedings of Case Crime No. 03 of 2024 (State Vs. Kunal Sahani) against the applicant, in view of the delay in lodging the FIR and the compromise entered into between the parties. +1 more

Ratio / Principle

Considering the compromise entered between the parties, the further proceedings of Case Crime No. 03 of 2024 (State Vs. Kunal Sahani), under Sections 376 (2), 504, 313 IPC and Section 3(2)(Va) of SC/ST Act, P.S. Mahila Thana, District Varanasi, shall remain stayed (interim stay pending verification of the compromise).

Key takeaways

The parties were directed to appear before the trial court and file the compromise entered into between the parties; the trial court is to verify it and may return the certified copy of the compromise, keeping the original on record, to this Court at an early date.ratio¶6
In the meantime, the parties may exchange affidavits.ratio¶5
The matter was listed for 25.11.2025.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Avnish Saxena, J.) — Application U/S 528 BNSS No. 39728 of 2025 — Kunal Sahani v. State of U.P. and Another (order dated October 14, 2025). Counsel for the applicant, alleged to have committed rape upon opposite party no.2 while she was allured for a job, sought quashing of the charge sheet and proceedings of Case Crime No. 03 of 2024 (State v. Kunal Sahani), under Sections 376 (2), 504, 313 IPC and Section 3(2)(Va) of SC/ST Act, P.S. Mahila Thana, District Varanasi, citing delay in lodging the FIR and a compromise filed before the trial court at page no. 56; counsel for opposite party no.2 filed a Vakalatnama and admitted the factum of compromise. The Court directed the parties to appear before the trial court and file the compromise for verification, the certified copy to be returned to the High Court at an early date; and, considering the compromise, ordered that the further proceedings of the said case shall remain stayed meanwhile. Parties permitted to exchange affidavits; matter listed for 25.11.2025. Interim stay only; final decision on quashing deferred.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39728 of 2025

Kunal Sahani

	.....Applicant(s)
Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Ankit Kapoor
Counsel for Opposite Party(s)	: G.A.
Court No.- 81

HON'BLE AVNISH SAXENA, J.

Sri Ankit Kapoor, learned counsel for the applicant appears and submits that the allegation against the accused-applicant is of committing rape upon opposite party no.2 while she was allured for a job. He further submits that there is delay in lodging of FIR and the parties have entered into compromise, which is at page no. 56 filed before the trial court. Hence seeks interference of this Court to quash the charge sheet and proceedings of this case.

Learned AGA is present for the State-opposite party no.1.

Sri Prashant Pandey, Advocate appears on behalf of opposite party no.2 and files his Vakalatnama, the same is taken on record. He has admits the factum of compromise between the parties.

List on 25.11.2025.

In the meantime, the parties may exchange affidavits.

The parties may appear before the trial court and file the

NA528 No. 39728 of 2025

2

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.

Considering the compromise entered between the parties, the further proceeding of Case Crime No. 03 of 2024 (State Vs. Kunal Sahani), under Sections 376 (2), 504, 313 IPC and Section 3(2)(Va) of SC/ST Act, P.S. Mahila Thana, District Varanasi shall remain stayed.

October 14, 2025

Abhishek Sri.

(Avnish Saxena,J.)

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