Allahabad High Court
Sharif Ahmad And Another vs State Of U.P. And Another on 15 March, 2023
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- APPLICATION U/S 482 No. - 27237 of 2016 Applicant :- Sharif Ahmad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Saxena Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Pradeep Saxena, learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
Learned counsel for the applicants submitted that the applicant no.1 Sharif Ahmad (husband) and the victim Smt. Rukksar, daughter of opposite party no.2 has solemnized their marriage with each other according Muslim Rites and Customs on 11.02.2015 and are living together as husband and wife and from their wedlock, four child has been born.
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 on 06.09.2022. Thereafter, this Court, vide order 28.1.2023, 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 8.2.2023, kept on record of this case.
In the present case, the sections involved are Sections 363, 366 I.P.C. and Section 17 of POCSO Act, 2012.
Since both the parties have settled their dispute amicably and are living as husband and wife and from their wedlock, four child has been born, therefore, no useful purpose would be served to keep the matter pending.
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 Case No. 177 of 2016 (State Vs. Sharif Ahmad and another) arising out of Case Crime No. 55 of 2015, under Sections 363, 366 I.P.C. and Section 17 of POCSO Act, 2012, Police Station Nawabganj, District Bareilly are hereby quashed.
Accordingly, the instant petition is allowed.
Order Date :- 15.3.2023 Krishna*