Allahabad High Court
Istkar vs State Of U.P And Another on 19 September, 2022
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- APPLICATION U/S 482 No. - 16483 of 2022 Applicant :- Istkar Opposite Party :- State Of U.P And Another Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri D.K. Pandey, learned counsel for the applicant, Sri Raj Kamal Tripahi, learned counsel for opposite party no.2, Sri Akhilesh Kumar Srivastava, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceedings of Special Case (Sessions Case) No. 156 of 2022 (State of U.P. vs. Kamil and others) arising out of Case Crime No. 450 of 2020, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station-Nakur, District-Saharanpur pending before learned Special Judge (POCSO Act), Court No.13, Saharanpur as well as chargesheet dated 28.08.2021 as well as cognizance order dated 02.02.2022 in the light of compromise dated 04.04.2022.
On 29.06.2022, the following order was passed:
"1. Heard Sri D.K. Pandey, learned counsel for applicant and Sri Raj Kamal Tripathi, Advocate for Complainant.
2. Learned counsel for parties submit that parties have entered into compromise and presently they are residing as husband and wife.
3. In the circumstances, Trial Court is directed to verify the contents of compromise and submit report within four weeks from today.
4. Put up on 27th July, 2022 as fresh."
As per office report dated 01.08.2022, the report of learned Special Judge/Additional District & Sessions Judge, Court No.13, Saharanpur dated 18.07.2022 has been placed on record.
The aforesaid report has been placed along with order dated 18.07.2022 vide which, the compromise entered into between the parties has been verified in presence of the parties and their respective counsels.
In view of the above, learned counsel for the applicant submits that continuation of proceedings in respect of the parties will be a futile exercise and sheer wastage of time of the Court and would also amount to abuse of process of law as the opposite party has entered into compromise, hence, entire proceedings of the aforesaid case may be quashed by this Court.
Learned A.G.A. for the State as well as learned counsel for opposite party no.2 also affirms that the parties have entered into compromise and they have no objection if the proceedings of the aforesaid case are quashed.
This Court is not unmindful of the following judgements of the Apex Court:
1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675;
2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677;
3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1;
4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303; and
5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences.
Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
Accordingly, the proceedings of Special Case (Sessions Case) No. 156 of 2022 (State of U.P. vs. Kamil and others) arising out of Case Crime No. 450 of 2020, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station-Nakur, District-Saharanpur pending before learned Special Judge (POCSO Act), Court No.13, Saharanpur are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 19.9.2022/Madhurima