Court No. - 49
Case :- APPLICATION U/S 482 No. - 6693 of 2021 Applicant :- Sonu Alias Upendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
Sri Ankit Agarwal, learned counsel for petitioners submits that a case registered as Case Crime No. 0074 of 2020 was registered at Police Station-Rajpura, District-Sambhal under Sections 323, 354, 504, 506 IPC and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989. It is submitted that parties have compromised their matter, as is evident from the affidavits, furnished by the complainant and her injured husband. It is further submitted that this fact is also evident from an application, available as Annexure-5 on record. Therefore, he prays for quashing of the proceedings of Session Trial No. 145 of 2020, pending before the Court of learned Additional District Judge (POCSO Act), Sambhal, Chandausi.
In view of such facts, parties are directed to appear before the learned Additional District Judge (POCSO Act), Sambhal, Chandausi on 17.08.2021 for verification of compromise, for which no separate notices will be required. If compromise is verified, learned Additional District Judge (POCSO Act), Sambhal, Chandausi to furnish his report by 25.08.2021 and list this matter thereafter on 31.08.2021.
At the time of verification of compromise, learned court below shall make it abundantly clear to the complainant that any compensation, received by her from the State Government under the provisions of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989, will be refundable to the Government and is to be deposited by the complainant in the Government treasury. If compensation is deposited by the complainant, then compromise be verified by the learned court below.
List on 31.08.2021.
As an interim measure, it is directed that let no coercive action shall be taken against the petitioners.
Order Date :- 30.7.2021 Vikram/-