Suresh Maurya v. State of U.P. and 3 Others
Case brief
What is this about?
Quashing of criminal proceedings on ground of compromise; Section 528 BNSS / Section 482 CrPC application; POCSO Act Sections 5/6; Sections 363, 366, 376 IPC; Section 3(2)(5) SC/ST Act; enticement FIR by mother of victim; marriage of accused and victim in temple with marriage certificate; child born out of wedlock; Section 164 CrPC statement in favour of accused; verification of compromise by trial court; thirty-day period to file compromise; signatory and appearance requirement; two-month abeyance of trial; joint application under inherent power for quashing; Mafat Lal v. State of Rajasthan (2022) 6 SCC 589; K. Dhandapani (2022 SCC OnLine SC 1056); Special Judge POCSO Gorakhpur; Sessions Case No.376 of 2024; Case Crime No.111 of 2022; Police Station Harpur Budhat, District Gorakhpur.
What did the court decide?
Application under Section 528 BNSS/482 CrPC disposed of with directions: parties to appear before the trial court and file the compromise within thirty days for verification; no compromise to be entertained unless informant, victim and accused are signatories and appear; trial proceedings in abeyance for two months if the compromise is filed and verified within the stipulated period, failing which the trial shall continue; parties may thereafter file a joint application invoking the inherent power of the Court to quash the criminal proceedings.