Allahabad High Court
Bilal vs State Of U.P. And 2 Others on 8 July, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 3703 of 2022
Applicant :- Bilal
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Vinod Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Vinod Singh, learned counsel for the applicant, Sri Rajendra Prasa, learned counsel for opposite party no.2, Sri Mayank Awasthi, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the chargesheet No. 452 of 2019 dated 26.10.2019, cognizance order dated 30.10.2019 and entire proceedings of Case No.4657 of 2019, arising out of Case Crime No.252 of 2019, under Section 363, 366, 376 IPC and Section 5/6 Protection of Children from Sexual Offences Act, 2012, Police Station - Diabi, District - Bulandshahar, pending in the court of Special Judge POCSO Act/ Additional District and Sessions Judge, Court No.3, Bulandshahar on the basis of compromise.
On 23.03.2022, the following order was passed :
"Sri Rajendra Prasad, learned Advocate has put in appearance on behalf of Respondent No.3 and filed Vakalatnama, which is taken on record.
Learned counsel for the applicant has submitted that the marriage has been solemnized between the applicant and Opposite Party No.3 and from the wedlock a child has also born and both are living happily together.
Learned counsel for the applicant and learned counsel for Opposite Party No.3 have jointly submitted that a compromise has been entered between the applicant and Opposite Parties Nos.2 and 3 on 22.12.2021, photocopy of which has been Annexed as Annexure 11 to the present petition, in which the Opposite Party No.2 is also one of the signatories.
Learned counsel for the parties have submitted that a direction may be issued to the court below to verify the compromise dated 22.12.2021 entered between the parties and submits its report before this Court.It is further prayed that applicant may be permitted to file the original copy of compromise dated 22.12.2021 before the court below.
In view of above, the applicant is permitted to file original compromise dated 22.12.2021 before the Court below for the purpose of its verification within ten days, if the same is filed, the learned court below is expected to verify the compromise and submit its report by the next date of listing.
List this case in the week commencing 18.04.2022, as fresh.
Till the next date of listing, the proceedings of Case No.4657 of 2019, arising out of Case Crime No.252 of 2019, under Section 363, 366, 376 IPC and Section 5/6 Protection of Children from Sexual Offences Act, 2012, Police Station - Diabi, District - Bulandshahar, pending in the court of Special Judge POCSO Act/ Additional District and Sessions Judge, Court No.3, Bulandshahar, shall remain stayed."
In compliance of the aforesaid order of Special Judge, P.O.C.S.O. Act, Bulandshahar, a report dated 06.04.2022 regarding verification of the compromise has been placed on record. As per the aforesaid report along with which compromise deed as well as affidavits have been submitted, the compromise has been verified.
Learned counsel for the applicant submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
Learned A.G.A. for the State and learned counsel for opposite party no.2 also affirms that the parties have entered into a compromise and copy of the same has also been enclosed along with verification order dated 06.04.2022, they have no objection, if the proceedings in 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 No.4657 of 2019 arising out of Case Crime No.252 of 2019, under Sections 363, 366, 376 I.P.C. and Section 5/6 Protection of Children from Sexual Offences Act, 2012, Police Station-Diabi, District-Bulandshahar pending in the court of Special Judge P.O.C.S.O. Act/ Additional District and Sessions Judge, Court No.3, Bulandshahar, in terms of the compromise dated 22.12.2021, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 8.7.2022
Madhurima
