Allahabad High Court
Shanu @ Shan Khan vs State Of U.P. Thru. Addl. Chief Secy. ... on 29 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:18519 Court No. - 27 Case :- APPLICATION U/S 482 No. - 1014 of 2024 Applicant :- Shanu @ Shan Khan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, U.P. Govt. Lucknow And Others Counsel for Applicant :- Narvind Kumar Singh,Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Deepak Yadav Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Narvind Kumar Singh, the learned counsel for the applicant, Sri Rishikesh Verma, the learned A.G.A for the State and Sri Deepak Yadav, the learned counsel for the opposite party nos. 2 and 3.
2. By means of the instant application filed under Section 482 Cr.P.C, the applicant sought quashing of the charge sheet no. 1 dated 23.08.2020 arising out of Case Crime No. 258/2020, under Sections 354, 504, 506 I.P.C and Section 7/8 of POCSO Act, Police Station Malihabad, District Lucknow as well as the cognizance order dated 15.10.2020 passed by the court of Special Judge, POCSO Act- Ist , Lucknow and the entire proceedings of Session Trial No. 2179 of 2022 ( State Vs. Shanu), which is pending before the aforesaid court, on the ground that the parties have entered into a compromise.
3. The opposite party no.2 had lodged an F.I.R No. 358/2020 on 08.08.2020, alleging that when his daughter- the opposite party no.3 had gone to fetch water from the hand pump outside the house, the applicant, who lives in the house adjoining the complainant's house caught hold of her and started obscene talks but when the complainant's daughter objected, he abused and threatened her.
4. The complainant and the victim have supported the F.I.R allegations on their statement recorded under Sections 161 and 164 Cr.P.C. However, thereafter the parties have entered into a settlement on 01.12.2023, stating that they are neighbours and are residing together amicably; that they did not want any proceedings in furtherance of an F.I.R., which will only perpetrate animosity between them. The compromise categorically states that it has been executed without any influence or allurement.
5. The compromise has been verified by means of an order dated 22.02.2024 passed by the Court of Special Judge, POCSO Act- Ist Lucknow.
6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the only allegations levelled in the F.I.R was that the applicant held hand of the opposite party no.3 and it vaguely alleges that he indulge into obscene talks; that the parties reside in adjoining houses and they have amicably settled their disputes and both of them want closer of the proceedings; that the nature of the offence is such that it cannot have a wide spread adverse impact on the society at large, I am of the view that the application deserves to be allowed.
7. Accordingly, the present petition is allowed and the charge sheet no. 1 dated 23.08.2020 as well as the cognizance order dated 15.10.2020 passed by the court of Special Judge, POCSO Act- Ist , Lucknow and the entire proceedings of Session Trial No. 2179 of 2022 (State Vs. Shanu), are hereby quashed.
(Subhash Vidyarthi,J.) Order Date :- 29.2.2024 Preeti.