Court No. - 81
Case :- APPLICATION U/S 482 No. - 4857 of 2021 Applicant :- Suraj Varma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.,Babu Lal Ram
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to allow this application and to quash the cognizance order dated 31.01.2020, Charge sheet dated 07.12.2019 as well as entire proceeding of Criminal Case No. 10 of 2020 (State Vs. Suraj Varma) arising out of Case Crime No. 898 of 2019, under Sections 363, 366 I.P.C. and 7/8 POCSO Act, PS Orai, District Jalaun pending in the Court of Additional Sessions Judge/F.T.C./Special Judge (POCSO Act), Jalaun at Orai.
Learned counsel for both the parties submit that matter has been compromised between the parties out of the court and compromise deed has been duly verified before the concerned Court below. Compromise verification report dated 07.04.2021 is already on record.
Learned counsel for the parties also do not dispute the aforesaid compromise verification report. The counsel for the complainant/opposite party no.2 has stated at the Bar that on account of settlement/compromise made between the parties, now the complainant does not want to continue the criminal proceedings against the applicant.
Thus, in view of above, the application under Section 482 Cr.P.C is liable to be allowed in terms of aforesaid compromise dated 23.03.2021 keeping in view of well settled principle of law laid down by the Hon'ble Apex Court in case of B.S. Joshi Vs. State of Haryana 2003 (4) SCC 675 as well as in case of Nikhil Merchant Vs. Central Bureau of investigation and another J.T. 2008 (9) SC 192.
Consequently, cognizance order dated 31.01.2020, Charge sheet dated 07.12.2019 as well as entire proceeding of Criminal Case No. 10 of 2020 (State Vs. Suraj Varma) arising out of Case Crime No. 898 of 2019, under Sections 363, 366 I.P.C.
and 7/8 POCSO Act, PS Orai, District Jalaun pending in the Court of Additional Sessions Judge/F.T.C./Special Judge (POCSO Act), Jalaun at Orai is hereby quashed.
The present application u/s 482 Cr.P.C. is allowed in terms of the aforesaid compromise/settlement report.
Order Date :- 29.10.2021 AKT