Allahabad High Court
Masoom And Another vs State Of U.P.And Another on 6 April, 2023
Bench: Shekhar Kumar Yadav, Manoj Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- APPLICATION U/S 482 No. - 15637 of 2022 Applicant :- Masoom And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.,Vikrant Gupta Hon'ble Shekhar Kumar Yadav,J.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
The instant application has been moved on behalf of the applicants to quash the charge-sheet dated 24.06.2019 as well as order dated 18.07.2019 in Special Session Trial No. 122 of 2019 arising out of Case Crime No. 186 of 2019, under Sections 363, 511, 506, 354 IPC and 7/8 POCSO Act, Police Station Bhopa, District Muzaffar Nagar, pending before the VIII Additional Session Judge/Special Judge POCSO Act, Muzaffar Nagar.
The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise deed before the Court below. Thereafter, this Court, vide order 06.09.2022, has sent the said compromise deed to the trial court with a direction to get the same verified and submit a report.
Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise deed and the same has been verified by the trial Court, vide order dated 09.11.2022, copy of the same is annexed as Annexure No.1 to the supplementary affidavit.
In the present case, the sections involved are Sections 363, 511, 506, 354 IPC and 7/8 POCSO Act.
In compliance of the aforesaid order, the court below has verified the contents and parties of the compromise deed vide its order dated 09.11.2022 to the extent that the parties and contents of the compromise deed are genuine and they have entered into the compromise by free-will.
Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641, the entire proceedings of Special Session Trial No. 122 of 2019 arising out of Case Crime No. 186 of 2019, under Sections 363, 511, 506, 354 IPC and 7/8 POCSO Act, Police Station Bhopa, District Muzaffar Nagar, pending before the VIII Additional Session Judge/Special Judge POCSO Act, Muzaffar Nagar are hereby quashed.
Accordingly, the instant petition is allowed.
Order Date :- 6.4.2023 Krishna*