Allahabad High Court
Lalit vs State Of U.P. 2 Others on 18 March, 2021
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- APPLICATION U/S 482 No. - 5554 of 2021
Applicant :- Lalit
Opposite Party :- State Of U.P. 2 Others
Counsel for Applicant :- J.B. Singh
Counsel for Opposite Party :- G.A.,Awadhesh Kumar Mishra
Hon'ble Neeraj Tiwari,J.
Sri Awadhesh Kumar Mishra, Advocate has filed shot counter alongwith Vakalatnama on behalf of opposite party no. 2 with joint affidavit of opposite party no. 3 today in court which is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and Sri Awadhesh Kumar Mishra, learned counsel for opposite party nos. 2 and 3.
The present application under section 482 Cr.P.C. has been filed for quashing the impugned Charge sheet No. 99/2019 dated 28.05.2019 as well as entire proceeding of Case Crime No. 935 of 2018, under Section 363 I.P.C. and Section 3/4 of POCSO Act, Police Station Medical College, District Meerut and cognizance order dated 10.07.2019 passed by learned Special Judge (POCSO Act)/Additional District & Session Judge, Meerut in Case Crime No. 935 of 2018, under Section 363 I.P.C. and Section 3/4 POCSO Act, Police Station Medical College, District Meerut against th applicant pending before Special Judge (POCSO Act), Court No. 3/Additional District & Session Judge, Meerut.
Learned counsel for the applicant submitted that compromise has been entered into between the applicant and the opposite party nos. 2 and 3. An application dated 29.01.2021 regarding compromise as well as affidavit of opposite no. 2 and her daughter Swati has been filed before the Special Judge (POCSO Act) Court No. 3, Meerut, which is annexed as Annexure-11 to the affidavit filed in support of application. He further submitted that the matter has been compromised and the opposite party nos.2 and 3 do not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case is finally decided.
Sri Awadhesh Kumar Mishra, learned counsel for opposite party nos. 2 and 3 has supported the case of the applicant. He further submitted that the applicant and victim have solemnized their marriage on 08.12.2018 and disputes have been amicably settled between the parties, therefore on the basis of compromise the Hon'ble Court may kindly be quash the entire proceeding of the aforesaid case.
In view of above, the applicant and opposite party nos. 2 and 3 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State of Punjab), reported in 2014 Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another) and judgment of the Apex Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, 2019 LawSuit (SC) 484, the proceedings of the aforesaid case is hereby quashed.
The present application accordingly allowed.
Order Date :- 18.3.2021
Rmk.
