Chotu @ Chote Lal @ Rahul Gautam v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 34006 of 2023 Applicant :- Chotu @ Chote Lal @ Rahul Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Tripathi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Sri B.P. Mishra, Advocate has filed Vakalatnama and counter affidavit on behalf of the opposite party no. 2, which are taken on record.

¶2Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

¶3The present 482 Cr.P.C. application has been filed to quash the Charge sheet No. 101 of 2010 dated 28.10.2010, Cognizance order dated 29.11.2010 as well as entire proceedings of the Case No. 5821 of 2012 (State vs. Chotu @ Chote Lal and others), under Sections 363, 366, 120B IPC, Police Station-Mahavan, District-Mathura, arising out of Case Crime No. 156 of 2010, on the basis of compromise, pending before the Judicial Magistrate Ist, Mathura.

¶4It has been contended by learned counsel for the applicants that victim (daughter of the opposite party no. 2) has solemnized marriage with the applicant no. 1 and now applicant no. 1 and victim have become parents of two children and living happily together. He next submits that applicants and opposite party no. 2 (father of the victim) have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise deed entered into between the parties has been annexed as Annexure-4 to the application.

¶5Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts.

¶6Accordingly, 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 applicants to file a fresh application U/S 482 at that stage for the relief sought herein.

¶7In view of the above, the present application is disposed of.

¶8For a period of five weeks, no coercive measure shall be taken against the applicants. Order Date :- 23.11.2023 Aditya High Court of Judicature at Allahabad