Application under Section 482 Cr.P.C. for quashing proceedings arising from child sexual offences. Court notes a compromise has been entered but directs parties to verify it before the trial court before any further order is passed.
Applicant and informant directed to appear before Special Judge to file compromise application for verification.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 36255 of 2024
Applicant :- Ravi Kumar Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ashutosh Srivastava,J.
Short counter affidavit filed today is taken on record.
Heard Sri Mahesh Kumar, learned counsel for the applicant and Sri Y. K. Tiwari, learned counsel, who has put in appearance on behalf of the first informant.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned charge-sheet dated 25.03.2023 as well as the cognizance/summoning order dated 27.04.2023 as also the further proceedings of Session' Case No. 540 of 2023 (State Vs. Ravi) stated to be pending before the Special Judge, POCSO Act/Additional District Judge, Jhansi, arising out of Case Crime No. 607 of 2022, under Sections 363, 366 and 376(1) IPC and Section 3/4 of POCSO Act, Police Station Mauranipur, District Jhansi.
Learned counsel for the applicant as well as learned counsel for the first informant submit that parties have entered into compromise on 01.10.2024, copy whereof has been filed on record as Annexure No. 10 to the paper book. It is, accordingly, prayed that the proceedings of case be quashed in terms of compromise so entered.
Having heard learned counsel for the parties, the Court is of the opinion that the compromise so entered between the applicant and the first informant is likely to be verified before it can be taken note of.
Accordingly, let the applicant as well as the first informant appear before the Special Judge, POCSO Act/Additional District Judge, Jhansi, on 07.11.2024 and file the compromise application.
On receipt of the compromise application, the Court concerned shall proceed to verify the same and submit report to this Court within 10 days from the date of receipt of the application on the date fixed.
List this case as fresh, on 25.11.2024, before the appropriate Court, with the report of compromise verification, as directed above.
Order Date :- 25.10.2024
pks
Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether proceedings under POCSO Act and IPC should be quashed in light of compromise between applicant and informant.
1 provisions across 1 enactments
Ravi Kumar
Ashutosh Srivastava
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
