Court No. - 49
Case :- APPLICATION U/S 482 No. - 46676 of 2018 Applicant :- Sonu Goswami Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Babul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Sri D.K.S. Chandel, has filed short counter affidavit on behalf of the opposite party no. 2 Heard learned counsel for the applicant, and the learned A.G.A. for the State and perused the record.
This petition is filed by the applicant for quashing entire proceedings of S.T. No. 287 of 2018 (State Vs. Sonu Goswami) arising out of Charge Sheet dated 21.12.2017 in Case Crime No. 253 of 2017 under Sections 363, 366 I.P.C., and 7/8 POCSO Act and under Section 3(2) (5a) SC/ST Act, P. S. Taharauli, Distt. Jhansi. Learned counsel for the applicant submits that applicant has amicably compromised his dispute, therefore, the aforesaid case may be decided in terms of the compromise between the parties.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below as such compromise has to be duly verified in presence of the parties concerned before the Court.
Accordingly, this petition is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. 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.
Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 20.12.2018 Md Faisal