Mithilesh v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 39218 of 2023 Applicant :- Mithilesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rayoof Ali Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceedings of SST No. 05 of 2015 (State Vs. Mithilesh) arising out of Case Crime No. 874 of 2013, under Section 323, 504, 506, 308 IPC, Khalilabad, District Sant Kabir Nagar including the charge-sheet dated 30.09.2014, pending in the court of Special Judge/POCSO Act, District Sant Kabir Nagar on basis of the compromise dated 07.06.2023 and further be pleased to stay the further proceedings of SST No. 05 of 2015 (State Vs. Mithilesh) arising out of Case Crime No. 874 of 2013, under Section 323, 504, 506, 308 I.P.C. Police Station Khalilabad, District Sant Kabir Nagar including the charge-sheet dated

30.09.2014, pending in the court of Special Judge/POCSO Act, District Sant Kabir Nagar on the basis of the compromise dated

07.06.2023.

¶3Learned counsel for the applicant submits that the parties have reconciled their differences and a compromise have entered between them which has been reduced in writing. Copy of the same is annexed as Annexure No.(3) to the present application.

¶4Learned AGA appearing for the opposite party no.1 does not dispute the correctness of the aforesaid submission made by learned counsel for the applicants.

¶5Accordingly, it is provided that the parties shall appear before the court below and file a certified copy of this order within two weeks, along with the original copy of the compromise dated

07.06.2023. It is, therefore, expected that the court below 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.

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

¶7For a period of two months or till the final order passed on the compromise application by the court below whichever is earlier, no coercive measure shall be taken against the applicants.

¶8In case, the applicants are still aggrieved or if no action is taken, it will be open for the applicants to approach this Court afresh. Order Date :- 1.11.2023 Pramod Tripathi High Court of Judicature at Allahabad