Pradeep Pal v. State of U.P. and 3 Others

Court No. - 91 Case :- APPLICATION U/S 482 No. - 43850 of 2023 Applicant :- Pradeep Pal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Phool Singh Yadav,Vaibhav Yadav Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J. Shri Kunwar Ajay Singh, Advocate filed Vakalatnama on behalf of opposite party no.2 is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Kunwar Ajay Singh, learned counsel for opposite party no.2 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceedings of Session Trial No.1666 of 2022 ( State Vs. Pradeep Pal) as well as charge-sheet No.155 of 2022 dated 29.09.2022 of Case Crime No.112 of 2022, under section 376 (1) IPC and 3/4 of POCSO Act, Police Station Derapur, District Kanpur Dehat and summoning order dated

22.12.2022 passed by Additional District and Sessions Judge Court No.13/ Special Judge (POCSO) Act, Kanpur Dehat in pursuance of compromise dated 3.11.2023. Learned counsel for the applicant submits that the parties have reconciled their differences and a compromise has been entered between them, copy of compromise deed dated 3.11.2023 has been annexed as Annexure 8 to this affidavit. Therefore, no useful purpose would be served in continuing the proceedings before the Court below and the same is not only sheer wastage of time of the Court but also abuse of process of law. Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicant may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this order within two weeks from today. It is expected that Court below may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings. For a period of two months, no coercive action shall be taken against the applicant in the aforesaid case. With the aforesaid directions, this application is finally disposed of. Order Date :- 1.12.2023 SFH High Court of Judicature at Allahabad