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2025 DAILYLAW 155883 (ALL)

VIVEK MAURYA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

/6345/2025 · 2025-08-05

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Judgment text

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Court No. - 14 Case :- APPLICATION U/S 482 No. - 6345 of 2025 Applicant :- Vivek Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Applicant :- Vijay Kumar Pandey,Juli Rastogi,Sagun Chandra Rastogi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Short counter affidavit alongwith Vakalatnama has been filed today by Sri Harish Pandey, Advocate on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicant, Sri Harish Pandey, learned counsel appearing for opposite party no. 2 and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet dated 25.04.2024 in POCSO Case No. 292 of 2024; State Vs. Vivek Maurya, arising out of FIR No. 351 of 2023, under Sections 363, 366 and 376 IPC and Section 3/4 of POCSO Act, Police Station Jalalpur, District Ambedkar Nagar as well as entire proceedings in pursuance thereof. Contention of learned counsel for the applicant is that under some misconception, the First Information Report is lodged bearing FIR No. 351 of 2023, under Sections 363, 366 and 376 IPC and Section 3/4 of POCSO Act at Police Station Jalalpur, District Ambedkar Nagar. He submits that, in fact, no such incident has ever been taken place and the alleged victim and the applicant are major and they have performed the marriage and they are living as husband and wife. He further added that before the trial court, the victim/complainant and the witnesses have turned hostile. He also added that there is no fate of the trial and the matter would not lead to punishment. He also added that the applicant and the alleged victim are living peacefully and even the complainant is also agreed with the marital life of the applicant and the victim. He next added that the parties have amicably compromised their dispute and the same has been reduced in writing on 17.06.2025, which has been annexed as Annexure No. 10 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicant are the futile exercise as there is no fate of trial and that is amount to harassment of the applicant and thus, the criminal proceedings against the applicant may be quashed. On the other hand, learned counsel appearing for opposite party no. 2 has supported the version of the learned counsel for the applicant and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicant and the criminal proceedings against the applicant may be dropped. Learned AGA appearing for the State has no objection to the contentions aforesaid. Now 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 application 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. For a period of three months, the proceedings initiated in pursuance of POCSO Case No. 292 of 2024; State Vs. Vivek Maurya, arising out of FIR No. 351 of 2023, under Sections 363, 366 and 376 IPC and Section 3/4 of POCSO Act, Police Station Jalalpur, District Ambedkar Nagar, shall remain stayed, so far as present applicant is concerned. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. Office is directed to return back the original compromise deed dated 17.06.2025 to learned counsel for the applicant within a week. Order Date :- 5.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench