Disposed

Pintu Pal @ Dharmendra Pal v. State of U.P. Thru. Prin. Secy. Department of Home and Another

Allahabad HC3 Mar 2022/872/2022

Case brief

AI extract

What is this about?

Petitioner sought quashing of a pending special sessions trial under IPC and POCSO sections on the ground of compromise with complainant and victim. The High Court directed the trial court to verify the compromise within a week, kept trial proceedings in abeyance for one month, and allowed liberty to re-approach for quashing after verification.

What the court decided

AI extract

Pintu Pal @ Dharmendra Pal Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

¶1

Court No. - 13 Case :- APPLICATION U/S 482 No. - 872 of 2022 Applicant :- Pintu Pal @ Dharmendra Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Department Of Home And Another Counsel for Applicant :- Prashansa Singh Counsel for Opposite Party :- G.A.

¶2

Hon'ble Karunesh Singh Pawar,J.

¶3

Heard learned counsel for the petitioner and learned A.G.A. for the State as well as Shri Amit Kumar Singh, learned Counsel appearing for respondent no. 2 who has filed vakalatnama which is taken on record.

¶4

Learned counsel for the petitioner submits that the petitioner has entered into compromise with the complainant as well as the prosecutrix/victim, which is on record as Annexure No. 3. It is further submitted that since the dispute has been settled outside the Court by the parties, the proceedings impugned are liable to be quashed.

¶5

Learned counsel for respondent no. 2 concedes the argument advanced by learned counsel for the petitioner.

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Learned A.G.A. has no objection if the proceedings are quashed provided the compromise is verified first by the competent Court.

¶7

In view of the above the parties are directed to appear before the learned trial court on 21.03.2022 along with the copy of original compromise deed, who shall verify the compromise in presence of the parties within one week thereafter and keep a report of the verification on the record of the Court after providing its copies to the parties.

¶8

For a period of one month, the proceedings of Special Sessions Trial No. 166/2018 "State Vs. Pintu Pal" arising out of case crime No. 340/2017, under Sections 354/504 I.P.C. and 7/8 of POCSO Act, Police Station Tarun, District Faizabad, pending in the Court of Special Judge POCSO Act-II, Faizabad shall be kept in abeyance.

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In view of the above, the petition is disposed of.

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Liberty to the parties is granted to approach this Court again for quashing of the proceedings on the basis of compromise and its verification.

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Office is directed to return the original copy of the compromise to learned counsel for the petitioner as per Rules of the Court.

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Order Date :- 3.3.2022 R.C.

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Digitally signed by RAM CHANDER YADAV Date: 2022.03.04 18:26:50 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Pintu Pal @ Dharmendra Pal v. State of U.P. Thru. Prin. Secy. Department of Home and Another

Case brief

What is this about?

What the court decided

Pintu Pal @ Dharmendra Pal v. State of U.P. Thru. Prin. Secy. Department of Home and Another

Case brief

What is this about?

What the court decided

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