Shiv Kailash Pachauri And 2 Others vs State Of U.P. & Another
2015 Latest Caselaw 1307 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- APPLICATION U/S 482 No. - 19797 of 2015
 

 
Applicant :- Shiv Kailash Pachauri And 2 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Sanjeev Kumar Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Yashwant Varma,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No. 987 of 2011 under Sections 363, 366 I.P.C. State Vs. Shiv Kailash Panchauri pending in the court of C.J.M. Etah in terms of compromise.

Learned counsel for the applicants has contended that the present proceeding emanate from a case for the alleged commission of offences u/s 363 and 366 I.P.C. From the perusal of the facts, it transpires that Smt. Sarita, victim had married with one Vivek of her own volition and free will. They had also approached this Court by filing Crl. Misc. Writ Petition No. 8908 of 2010, in which their arrest was stayed. The accused, Vivek was an employee of the applicant no.1. Learned counsel for the applicants has contended that the applicants have wrongly been roped in this criminal prosecution regarding which the opposite party no.2, has filed an affidavit before the court below dated 3rd April 2015, stating that the case against the applicants be withdrawn, relying on the judgment of the Apex Court referred in the case of Yogendra Yadav & others Vs. State of Jharkhand & another, (2014)9 SCC 653.

Considering the nature of the submission that have been advanced on this application, this Court issues the following directions :

The applicants shall file a certified copy of this order along with an application before the court concerned within two weeks and upon such application the court below shall fix a date and notice the opposite party no.2, to verify the assertions as made in the affidavit dated 3rd April 2015. Upon completion of such verification the concerned court shall draw up a report of the proceedings for the consideration of this Court.

Upon such a report being drawn up, the parties shall be at liberty to seek closer of the proceedings in question.

Till the completion of the above process, further proceedings of the aforesaid case shall remain stayed against the applicants.

Order Date :- 16.7.2015

AHN