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Neutral Citation No. - 2025:AHC:29921 Court No. - 74 Case :- APPLICATION U/S 482 No. - 25759 of 2023 Applicant :- Pramod Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- Brijesh Kumar Pandey,G.A. Hon'ble Vikas Budhwar,J.
1. Supplementary affidavit filed on behalf of applicant is taken on record.
2. Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicant, Sri Brijesh Kumar Pandey, learned counsel for opposite party no.2 and learned AGA for the State.
3. This is an application filed U/s 482 Cr.P.C. has been preferred for quashing of the entire proceeding of Charge Sheet no.626 of 2022 dated 13.11.2022 in Sessions Trial No. 11 of 2023 arising out of case crime no.675 of 2022 U/s 376 IPC, P.S. Gajraula, District J.P. Nagar (Amroha) (State vs. Pramod Kumar) pending in the court of Additional Session Judge (FTC) court no.1, J.P. Nagar (Amroha).
4. Learned counsel for the applicant submits that a first information report stood lodged by opposite party no.2 against the applicant in case crime no.675 of 2022 under Section 376 of IPC on 23.10.2022 relatable to extension of assurance to get marriage and thereafter, not married.
5. Learned counsel for the applicant submits that parties have entered into a compromise on their sweet will, thereafter, this Court in the present application proceeded to pass the following
order on 9.01.2024 which is quoted herein under:
"1. Heard Sri S.K. Srivastava, learned counsel for the applicant, Sri Brijesh Kumar Pandey, learned counsel for O.P. no.2 and Sri Abhishek Tripathi, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing of entire proceedings of charge sheet dated 13.11.2022 in Sessions Trial No.11 of 2023 arising out of Case Crime No.675 of 2022, under Section 376 I.P.C. Police Station Gajraula, District J.P. Nagar(Amroha) pending in the Court of Additional Sessions judge (Fast Track Court-I), J.P. Nagar (Amroha) in terms of compromise dated 1.6.2023. 3. It is submitted by learned counsel for the applicant that the parties have amicably settled their disputes outside the Court and the opposite party no.2
does not want to prosecute the applicants. The compromise has taken place on 1.6.2023 and the compromise deed has been annexed as Annexure-5 to the affidavit filed in support of the application. 4. Learned counsel appearing for the opposite party no.2 does not dispute the aforesaid facts. 5. In view of above facts, the parties shall file an application along with the compromise-deed before the concerned Court below and appear before the Court concerned for verification of the compromise on 24.1.2024. On receiving the said application the Court below shall take steps for verification of the compromise and shall prepare a verification report. The concerned Court shall send the verification report to this Court, which may be placed in the file. 6. List on 15.2.2024."
6. The Court finds that there is a report of Additional District and Sessions Judge/ FTC dated 30.01.2024 wherein it is mentioned that the parties have entered into a compromise and the same stands verified also. Learned counsel for the applicant also invites attention towards the supplementary affidavit filed today dated 11.02.2024 page-7, so as to contains in Sessions Trial No.11 of 2023 case no.675 of 2022, there happens to be the statement of opposite party that they are now marry and living together. 7. Learned AGA as well as learned counsel appearing for opposite party no.2 does not dispute.
In view of the fact that keeping in view of the observations made in the case of Mahesh Damu Khare vs. State of Maharashtra and Another 2024 0 INSC 897 as well as the parties are still living together, thus, nothing remains to further proceeded with. 8. The application is allowed. 9. In view of the above, proceeding Sessions Trial No. 11 of 2023 arising out of case crime no.675 of 2022 U/s 376 IPC, P.S. Gajraula, District J.P. Nagar (Amroha) (State vs. Pramod Kumar) pending in the court of Additional Session Judge (FTC) court no.1, J.P. Nagar (Amroha) are hereby quashed.
Order Date :- 3.3.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad