Application under Section 482 CrPC to quash proceedings in a POCSO case and summoning order on the basis of compromise was not pressed by counsel; the High Court dismissed it as not pressed with liberty to seek appropriate remedy before the competent court.
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Neutral Citation No. - 2024:AHC:138366
Court No. - 78
Case :- APPLICATION U/S 482 No. - 16559 of 2024
Applicant :- Umesh Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Piyush Kumar Shukla Counsel for Opposite Party :- G.A.,Mahesh Kumar
Hon'ble Sanjay Kumar Pachori,J.
Sri Piyush Kumar Shukla, learned counsel for the applicants, Sri Mahesh Kumar, learned counsel for the private opposite party no. 2 and Sri Chhavipal Singh, learned A.G.A. for the State are present.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceeding of Case arising out of Case Crime No. 318 of 2022, under Sections 363, 342, 376 IPC and 3/4 of POCSO Act, P.S. Sipari Bazar, District Jhansi as well as cognizance/summoning order dated 03.09.2022, pending in the court of Special Judge (POCSO Act), Jhansi on the basis of compromise.
After some arguments, learned counsel for the applicant does not want to press the application and wants liberty to file a appropriate application before the court of competent jurisdiction.
Certified copy of the order may be returned to the learned counsel for the applicant after retaining a xerox thereof.
In view of the above, the application is dismissed as not pressed with the aforesaid liberty.
Order Date :- 29.8.2024 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
5 provisions across 3 enactments
Umesh
State Of Up
Opposite Party no. 2
Sanjay Kumar Pachori
As recorded by the court registry
3 orders share this CNR
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