Allahabad High Court
Zahid Khan And Another vs State Of U.P. And Another on 5 December, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:190784 Court No. - 81 Case :- APPLICATION U/S 482 No. - 33820 of 2024 Applicant :- Zahid Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Mohd. Khalid Counsel for Opposite Party :- Anand Kumar Srivastava,G.A. Hon'ble Manoj Bajaj,J.
Applicants have approached this Court through this application under Section 482 Code of Criminal Procedure for quashing of the entire proceedings of Case No. 96 of 2021, titled State Vs. Zahid Khan and another, arising out of Case Crime No. 86 of 2019, under Section 376-D, 324, 506, 377, 406 I.P.C., Police Station Nawabganj, District Bareilly on the basis of compromise dated 6.8.2024.
During the course of hearing, it is not disputed by learned counsel for parties that after completion of investigation, the charge sheet was filed against both the applicants for alleged commission of offence punishable under Section 376-D I.P.C. etc. and the alleged compromise is based upon the marriage of prosecutrix with applicant no.1.
This would otherwise amount to a partial compromise and keeping in view the nature of offence and the decision of Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543, this Court is not inclined to accept the sole ground raised for quashing of the criminal proceedings.
The application fails and is hereby dismissed.
Order Date :- 5.12.2024 P.S.Parihar