Allowed

Sandeep Srivastava @ Sandeep Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Allahabad HC3 Jan 2023/9778/2022

Case brief

AI extract

What is this about?

The court quashed trial proceedings under Section 482 Cr.P.C. after a verified compromise was entered by the applicant and the victim regarding an alleged molestation case during Holi, noting mutual consent to drop the case.

What did the court decide?

Quashing of Session Trial No. 14 of 2021, Charge Sheet No. 1 dated 19.06.2020, and cognizance order dated 04.01.2021 based on the verified compromise.

Sandeep Srivastava @ Sandeep Kumar… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 9778 of 2022

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Applicant :- Sandeep Srivastava @ Sandeep Kumar Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Applicant :- Surendra Pratap Singh,Amit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Rajneesh Kumar Verma, holding brief of Sri Surendra Pratap Singh, learned counsel for the petitioner, Sri Hari Shankar Bajpai, learned AGA-I and Sri Surya Prakash Singh, Advocate, learned counsel for the opposite parties no. 2 & 3, who has filed his vakalatnama.

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By means of the instant application under Section 482 Cr.P.C. the applicants has sought quashing of the proceeding of Session Trial No. 14 of 2021 and Charge Sheet No. 1 dated 19.06.2020 as well as cognizance order dated 04.01.2021 passed in Case Crime No. 89/2020, under Sections 354A/188 IPC and Section 3 of Epidemic Diseases Act, 1897 and 7/8 POCSO Act, Police Station Sangrampur, Distrtict Amethi pending before the Additional District and Session Judge/Special Judge, POCSO Act, Court No. 12, District Sultanpur.

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The aforesaid case was registered on the basis of an FIR lodged on 10.03.2020, under Sections 354A IPC and 7/8 POCSO Act, 2012 alleging that on the day of Holi festival, the applicant, who is neighbor of the informant, entered the informant’s house and molested the informant’s daughter aged about 15 years.

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After investigation, the police has submitted a charge sheet dated 04.01.2021 and the learned Special Judge, POCSO Act, Court No. 12, Sultanpur had passed an order summoning the applicant to face trial in ST No. 14/2021. However, subsequently on 05.02.2022, the informant and the applicant have entered into a compromise stating that the FIR had been lodged because of a dispute that initiated from applying colours during the festival of Holi and that no offence has been committed by the applicant. On 06.04.2022, the alleged victim and the applicant have filed joint compromise application before the Special Judge (POCSO Act) stating that the parties have entered into a compromise and that the applicant has not committed any offence.

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On 05.07.2022, the learned Sessions Judge/Special Judge, POCSO Act, Court No. 12, Sultanpur has passed an order in Special Session Trial No. 14/2021 verifying the compromise after examining the informant, the victim and the accused (applicant).

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Sri Surya Prakash Singh, learned counsel for the opposite party no. 2 does not dispute the aforesaid facts and he also submits that the parties have already entered into a compromise and the proceedings of the present case be decided in terms of the compromise.

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Learned A.G.A. appearing on behalf of the State and Sri Surya Prakash Singh, learned counsel for the informant and the victim have no objection to the application being allowed in terms of the compromise.

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Accordingly, the instant application under Section 482 Cr.P.C. is allowed on the basis of the compromise dated 06.04.2022. Resultantly, the the proceeding of Session Trial No. 14 of 2021 and Charge Sheet No. 1 dated 19.06.2020 as well as cognizance order dated 04.01.2021 passed in Case Crime No. 89/2020, under Sections 354A/188 IPC and Section 3 of Epidemic Diseases Act, 1897 and 7/8 POCSO Act, Police Station Sangrampur, Distrtict Amethi pending before the Additional District and Session Judge/Special Judge, POCSO Act, Court No. 12, District Sultanpur., are hereby quashed.

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Order Date :- 3.1.2023 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Sandeep Srivastava @ Sandeep Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Sandeep Srivastava @ Sandeep Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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