Nawaz Khan and 5 Others v. State of U.P. and 3 Others

Court No. - 89 Case :- APPLICATION U/S 482 No. - 36591 of 2023 Applicant :- Nawaz Khan And 5 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

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

¶3The present 482 Cr.P.C. application has been filed to quash the charge-sheet No.123/22 dated 29.07.2022, cognizance order dated 17.06.2023 as well as entire proceeding of Special Session Trial No.433 of 2023 arising out of Case Crime No.76 of 2022 (State Vs. Nawaz Khan and others), under Section 376, 511, 342, 504, 506, 509 I.P.C & 3/4/18 POCSO Act & 67 I.T.Act, Police Station-Rajabpur, District-Amroha, pending in the court of Additional District Judge/POCSO Act/First, Amroha.

¶2Learned counsel for the applicants submits that victim and applicant no.1 have solemnized marriage and living together as husband and wife. Both of them have amicably settled their dispute out of the Court and have filed settlement deed. Copy of the compromise deed dated 25.06.2023 has been filed as Annexure -9 to the affidavit.

¶3Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the fact.

¶4Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order and compromise deed 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.

¶5In view of the above, the present application is disposed of.

¶6For a period of five weeks, no coercive measure shall be taken against the applicants. Order Date :- 24.11.2023 SKD High Court of Judicature at Allahabad