Rajkumar v. State of U.P. and 2 Others

Court No. - 89 Case :- APPLICATION U/S 482 No. - 29754 of 2023 Applicant :- Rajkumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vishnu Kant Tiwari Counsel for Opposite Party :- G.A.,Krishn Kumar Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant; learned counsel for the opposite party no. 2 and 3 and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 03.05.2023; cognizance order dated 09.05.2023, in Case Crime No.031 of 2023, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Kotwali Jalaun, District Jalaun, pending before the Special Judge, POCSO Act, Jalaun at Orai.

¶3Counsel for the applicant submits that opposite party no. 3 lodged F.I.R. against applicant in the aforesaid sections and opposite party no. 2 is the daughter of opposite party no. 3 and now opposite party no. 2 solemnized marriage with applicant. They are living happily as husband and wife and opposite party no. 2 and 3 have settled the dispute out of the court with applicant and entered into a compromise. A copy of the compromise deed entered into between the parties has been reduced in writing is annexed as Annexure no. 7 to the present application, hence the proceeding against the applicants be quashed.

¶4Learned counsel for opposite party no. 2 and AGA does not dispute the correctness of the facts.

¶5Accordingly, it is provided that the parties shall appear before the court below with compromise deed along with a certified copy of this order on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein.

¶6In view of the above, the present application is disposed of.

¶7For a period of five weeks, no coercive measure shall be taken against the applicants. Order Date :- 13.10.2023 Meenu Singh High Court of Judicature at Allahabad