Shankar Yadav vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 11

Case :- APPLICATION U/S 482 No. - 2461 of 2024

Applicant :- Shankar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A.,Ramkripal Yadav

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Ram Singh, learned counsel for the petitioner and Sri Vishwanath Nishad, learned Additional Government Advocate for the State as well as Sri Ram Kripal Yadav, Advocate who has filed Vakalatnama on behalf of opposite party no.2. His Vakalatnama is taken on record.

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The present petition under Section 482 Cr.P.C. has been filed by the petitioner with the prayer to quash the entire proceedings of Special Sessions Trial No. 461 of 2023: State Vs. Shankar Yadav, as well as chargesheet No. A-102 of 2023 dated 19.05.2023, arising out of Case Crime No. 132 of 2023, under Sections 376, 506 IPC and Section 3(2)(V) of SC/ST Act, Police Station Baskhari, District Ambedkar Nagar, pending in the court of Special Judge SC/ST Act, Ambedkar Nagar and summoning order dated 05.08.2023 passed by Special Judge, SC/ST Act, Ambedkar Nagar, as contained in Annexure Nos. 1 and 2 to the petition.

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Learned counsel for the parties have stated that the parties have settled their dispute amicably as they have got married on 19.10.2023, since then they are living together happily as husband and wife. The original copy of compromise deed dated 01.02.2024 has been enclosed with the petition as Annexure no. 5. Learned counsel for opposite party no. 2 has also agreed on the submission of learned counsel for the petitioner that the parties have entered into a compromise.

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

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Accordingly, for the purpose of verification of the compromise, the petitioner and opposite party no. 2 shall appear before Special Judge, SC/ST Act, Ambedkar Nagar on 02.04.2024 alongwith the original compromise deed and the learned court below shall proceed to verify the compromise deed. If the aforesaid compromise is verified, a report to that

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effect shall be prepared by the court below and the same shall be sent to this Court by the next date of listing. The compromise will be made part of the record. The court below in that scenario will allow the parties to obtain certified copy of the report as well as compromise.

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List the matter before this Court on 06.05.2024.

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Till the next date of listing, the petitioner shall not be compelled to face the criminal proceedings in pursuance of the aforesaid sessions trial.

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On the request of learned counsel for the parties, the liberty is given to the petitioner and the prosecutrix to get their marriage registered before the Registrar of Marriages for that they shall apply before the Registrar, Marriages within a period of two weeks from today, whereafter the Registrar of Marriages concerned shall do the needful strictly in accordance with law, registering their marriage with expedition.

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On the next date, the learned counsel for the parties shall produce the marriage registration certificate.

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When the case is listed next, name of Sri Ram Kripal Yadav be printed in the cause list as learned counsel for opposite party no. 2.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 15.3.2024 kkv/

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Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shankar Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Shankar Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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