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2025 DAILYLAW 105314 (ALL)

SANKIT KUMAR v. STATE OF U.P. AND 3 OTHERS

A482/36148/2024 · 2025-01-15

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6404 Court No. - 71 Case :- APPLICATION U/S 482 No. - 36148 of 2024 Applicant :- Sankit Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey Counsel for Opposite Party :- G.A.,Shubham Kesarwani Hon'ble Rajeev Misra,J. 1. Heard Mr. Anand Prakash Dubey, the learned counsel for applicant, the learned A..G.A. for State-opposite party-1 and Mr. Shubham Kesarwani, the learned counsel representing first informant/opposite party-2. 2. Perused the record. 3. Applicant- Sankit Kumar, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It respectfully in, prayed therefore, that this most Hon'ble Court may graciously be pleased to allow this application and to quash the entire proceeding including charge sheet dated 27.12.2021 and the learned court below has taken cognizance on 12.01.2022 in Special Session Trial no. 79/9 of 2022 (State Versus Sankit) registered with case crime no. 306 of 2021 under section 363, 376, I.P.C. and section 3/4 Protection of Children From Sexual Offences Act, Police Station Charthawal, District Muzaffar Nagar pending before Special Additional Sessions Judge (POCSO Act), Muzaffar Nagar. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Special Session Trial no. 79/9 of 2022 (State Versus Sankit) registered with case crime no. 306 of 2021 under section 363, 376, I.P.C. and section 3/4 Protection of Children From Sexual Offences Act, Charthawal, District Police Station Muzaffar Nagar pending before Special Additional Sessions Judge (POCSO otherwise the Act), Muzaffar applicants shall Nagar, suffer irreparable loss and injury. And/or pass such other and further orders which this Hon'ble may deem fit and proper circumstances of the case. in the circumstances of the case." 4. At the very outset, the learned counsel for applicant submits that during the pendency of present application, parties have entered into compromise. As such, the prayer prayed for by means of present application has been rendered infructuous. He therefore submits that present application be dismissed as withdrawn with liberty to the applicant to file a fresh application under Section 482 Cr.P.C. challenging the proceedings of the criminal case pending before court below against applicant on the basis of compromise entered into by the parties. 5. Prayer made by the learned counsel for applicant is bonafide. Same is not opposed by the learned A.G.A. Accordingly, it is allowed. 6. Consequently, present application under Section 482 Cr.P.C. is dismissed as withdrawn at this stage with liberty aforesaid. 7. Certified copy of documents appended alongwith this application shall be returned to the learned counsel for applicant after obtaining a photocopy of the same to be kept on record. Order Date :- 15.1.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad