Court No. - 81

Case :- APPLICATION U/S 482 No. - 11054 of 2022

Applicant :- Vinod Kumar

Opposite Party :- State Of U.P And Another

Counsel for Applicant :- Shashi Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Mr. Manoj Kumar Singh, Advocate filed Vakalatnama on behalf

of opposite party no.2, in Court today, is taken on record. Office

is directed to register the same.

Heard Ms. Prachi Shukla, Advocate holding brief of Mr. Shashi

Kumar Mishra, learned counsel for the applicant and Mr. Manoj

Kumar Singh, learned counsel for opposite party no.2 and Mr.

Madnesh Prasad Singh, learned A.G.A. for the State and

perused the record.

This application under Section 482 Cr.P.C. has been filed by the

applicant to quash the criminal proceedings of P.S.T.

No.124/2019, arising out of Case Crime No.288 of 2019, under

Sections 147, 354B, 323, 504, 506 I.P.C. & Section 7/8 POCSO

Act and Section 3(2)(va) SC/ST Act, Police Station-Jaithra,

District-Etah, pending before learned Additional Sessions

Judge/Special Judge Exclusive Court, POSCO Act, Etah.

Learned counsel for the applicant submits that the parties have

reconciled their differences and a compromise has been entered

between them out of court. In this regard, an affidavit has been

placed by opposite party no.2, namely, Smt. Vishuna Devi,

before the concerned Court, mentioning therein that dispute

between the parties has been settled amicably and she does not

want to proceed with the present case, copy of said affidavit has

been annexed as Annexure no.9 to this application. 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 the 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 the period of two months or till the verification of

compromise between the parties by the Court concerned,

whichever is earlier, 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 :- 15.7.2022

Rahul.

Digitally signed by RAHUL

GOSWAMI

Date: 2022.07.21 17:00:38 IST

Reason:

Location: High Court of Judicature at

Allahabad