Allahabad High Court
Deepak Singh @ Golu vs State Of U.P. And Another on 6 September, 2023
Bench: Anish Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:175681
Court No. - 92
Case :- APPLICATION U/S 482 No. - 22607 of 2023
Applicant :- Deepak Singh @ Golu
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Lalji Yadav,Yashpal Yadav
Counsel for Opposite Party :- G.A.,Sunil Kumar Yadav
Hon'ble Anish Kumar Gupta,J.
1. Hear Sri Yashpal Yadav, learned counsel for the applicant, Sri S.K. Yadav, learned counsel for the opposite party no.2 and Sri Sandeep Choudhary, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 11-07-2019 and the entire proceedings of S.T. No. 268 of 2019 (State Vs. Deepak Singh), arising out of case crime no. 705 of 2018, under Sections 376, 328, 506 IPC, P.S. Guleriha, District Gorakhpur, pending in the court of Special Judge/F.T.C.-1, Gorakhpur on the basis of the alleged compromise between the applicant and the opposite party no.2.
3. Learned counsel for the applicant submits that the applicant and the opposite party no.2 are happily living as a husband and wife and one son was born out of the said wedlock.
4. Learned counsel for the opposite party no.2 does not dispute the factum of marriage between the applicant and the opposite party no.2
5. Learned counsel for the applicant has relied upon the judgment and order dated 21-03-2022 passed by the Apex Court in Criminal Appeal No. 456 of 2022, Jatin Agrawal Vs. State of Telangana and another; judgment dated 23-11-2022 passed by the co-ordinate Bench of this Court in Application U/S 482 No. 38260 of 2022 Sanjay Singh @ Guddu and another Vs. State of U.P. and another and Application U/S 482 No. 41580 of 2022 Fakre Alam @ Shozil dated 06-06-2003.
6. Vide order dated 09-08-2023, this Court had directed the trial court to verify the compromise between the parties.
7. Today by way of a supplementary affidavit, learned counsel for the applicant has placed on record the order dated 23-08-2023 passed by the Additional District & Sessions Judge/F.T.C. (Crime against Women), Gorakhpur verifying the compromise dated 23-08-2023 between the applicant and the opposite party no.2.
8. Looking at the facts and circumstances of the case, especially the facts that the applicant and the opposite party no.2 have married and one son was born out of the wedlock and the matter between them has already been compromised, which has been duly verified by the trial court, the instant application is accordingly allowed and the summoning order dated 11-07-2019 and the entire proceedings of S.T. No. 268 of 2019 (State Vs. Deepak Singh), arising out of case crime no. 705 of 2018, under Sections 376, 328, 506 IPC, P.S. Guleriha, District Gorakhpur, pending in the court of Special Judge/F.T.C.-1, Gorakhpur are hereby quashed.
Order Date :- 6.9.2023
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