A court quash petition was disposed of by directing trial courts to verify a filed compromise between parties in underlying proceedings, placing them in abeyance.
Impugned proceedings to remain in abeyance for one month; direction to trial court to verify compromise.
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Court No. - 13
Case :- APPLICATION U/S 482 No. - 261 of 2022
Applicant :- Sandeep Srivastava @ Sandeep Kumar Srivastava Opposite Party :- The State Of Thru.Its Prin.Secy.Dept Of Home And Another
Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.,Surya Prakash Singh
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned counsel for respondent No.2 as also learned A.G.A., and perused the record.
The instant petition has been filed by the applicants with a prayer to quash the proceedings of Case No. 14 of 2021 arising out of case crime No.89 of 2020, P.S. Sangrampur, district Amethi, cognizance order dated 4.1.2021 and NBW order dated 18.12.2021, pending before ADJ/Special Judge, POCSO Act, distruct Sultanpur.
Learned counsel for the petitioner submits that the dispute between the parties has been amicably resolved outside the court by way of compromise which is filed along with the supplementary affidavit. Learned counsel for respondent No.2 concedes that the dispute has been amicably settled between the parties.
Learned A.G.A has no objection in case the impugned proceedings are quashed on the basis of compromise, subject to its verification by the concerned court.
Accordingly, having due regard to the submissions made by the parties' counsel, perusal of the compromise as also considering the law laid down by Supreme Court in Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others versus State of Gurarat and another (2017)9 SCC 641 , the petition is disposed of with direction to the parties to appear before the trial court on 31.3.2022, which shall verify the compromise in presence of the parties within the next one week. The trial court shall provide a copy of the verification report to the parties. A copy of compromise be placed on record of the trial court. It will be open to the applicants to approach this Court again for quashing of the proceedings.
For a period of one month, impugned proceedings shall remain in abeyance.
Office is directed to return original copy of the compromise to learned counsel for the petitioners and retain a photocopy thereof, under Rules of the Court.
Order Date :- 9.3.2022 kkb/
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.03.11 09:45:35 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether criminal proceedings under POCSO Act can be quashed following a compromise between parties.
Colour shows how this judgement treated each authority
Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others versus State of Gurarat and anotherReferred¶10
Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others versus State of Gurarat and another (2017)9 SCC 641 · Who else cites this
Sandeep Srivastava
The State
Karunesh Singh Pawar
Krishna Kumar Baranwal
As recorded by the court registry
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