Disposed

Ram Suresh v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC13 Aug 2024/5418/2024

Case brief

AI extract

What is this about?

The Allahabad High Court refused to quash criminal proceedings pending before the Barabanki Special Judge upon an application alleging a settlement. The judge directed parties to file and verify the compromise deed with the trial court and granted a six-week suspension of coercive action.

What did the court decide?

No immediate quashing; parties directed to file compromise for trial court verification; coercive action stayed for six weeks; liberty to reapply.

Ram Suresh Vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:55859

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 5418 of 2024

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Applicant :- Ram Suresh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Shashank Mishra,Nikita Mishra Counsel for Opposite Party :- G.A.,Pankaj Pandey

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Hon'ble Saurabh Lavania,J.

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Heard.

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Instant application under Section 482 Cr.P.C. has been preferred by the applicant/petitioner for quashing the Charge-Sheet No. 49/2018 dated 13.03.2018, under section-354(Gha), 506 I.P.C., & Section 7/8 Protection of Children From Sexual Offences Act, 2012, Police Station Tikait Nagar, District Barabanki, as well as Summoning order dated 04.02.2020, passed by Learned Special Judge, POCSO Act / Additional Sessions Judge, Court No.44, Barabanki, in S.C. No. 157/2020, 'State Vs Suresh @Ram Suresh', arising out of Case Crime No. 0027/2018, under section 354(Gha), 506 I.P.C., & Section 7/8 Protection of Children From Sexual Offences Act, 2012, registered at Police Station Tikait Nagar, District Barabanki, pending in the Court of Learned Special Judge, POCSO Act / Additional Sessions Judge, Court No.44, Barabanki.

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Learned counsel for the applicant submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 4 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Considering the aforesaid, this application is disposed of finally in following terms:-

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(i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within two week's from today.

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(ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

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(iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order.

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(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

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(v) It shall be open to the applicant to approach this Court again for quashing of the proceedings.

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(vi) Office is directed to provide original compromise to the counsel for the applicant, after retaining its photocopy on record. It is for the purposes for its verification by the concerned Court. Liberty is granted to the applicant to move a fresh compromise before the concerned Court.

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(vii) For a period of six weeks, no coercive action shall be taken against the applicant in the aforesaid case.

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Order Date :- 13.8.2024

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Mohit Singh/-

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

Ram Suresh v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Suresh v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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What did the court decide?

What the court decided

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