Satendra @ Satendra Kumar v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 33972 of 2023 Applicant :- Satendra @ Satendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant, Sri Santosh Kumar Verma, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 13.09.2021 as well as the entire proceedings of Session Trial No.1255 of 2021 arising out of Case Crime No.314 of 2021 (State Vs. Satendra @ Satendra Kumar), under Sections 354, 376 I.P.C, Police Station-Bhojpur, District-Moradabad, pending in the court of Additional District Judge/F.T.C.-3, Moradabad.

¶3Learned counsel for the applicant submits that instant proceeding was initiated only to harass the applicant and now victim and applicant has amicably settled their dispute out of court and have filed settlement deed. Copy of the compromise deed has been filed as Annexure 5 to the application.

¶4Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the fact.

¶5Accordingly, it is provided that the parties shall appear before the court below 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 applicant 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 applicant. Order Date :- 16.11.2023 SKD High Court of Judicature at Allahabad