Allahabad High Court
Arjun And 3 Others vs State Of U.P. And Another on 3 June, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 51
Case :- APPLICATION U/S 482 No. - 13942 of 2022
Applicant :- Arjun And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kumar Ashutosh Srivastava
Counsel for Opposite Party :- G.A.,Nagendra Pratap Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Nagendra Pratap Singh, learned counsel for the opposite party no. 2-informant.
The present application under section 482 Cr.P.C. has been filed for quashing the summoning order dated 06.07.2019 passed by Special Judge (POCSO Act)/Additional District and Session Judge, Room No. 1, Deoria as well as entire proceeding of Special Trial No. 69 of 2019 (State Vs. Arjun and 3 others) arising out of Case Crime No. 295 of 2017, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Barhaj, District Deoria, pending in the court of Special Judge (POCSO Act)/Additional District and Session Judge, Room No. 1, Deoria.
Learned counsel for the applicants submitted that compromise has been entered into between the applicants and theopposite party no. 2. He further submitted that affidavit filed alongwith present application has been sworn by Amrita Devi, who is wife of applicant no. 1 Arjun. The applicant no. 1 Arjun and victim Amrita Devi are living happily as husband and wife. He next submitted that earlier statements of the victim Amrita Devi under Sections 161 and 164 Cr.P.C. were recorded where she has denied the prosecution version and given statement in favour of the applicant no. 1 Arjun. He next submitted that the matter has been compromised and the opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case may be finally decided.
Sri Nagendra Pratap Singh, learned counsel for the opposite party no. 2 has supported the case of the applicants. He has also filed an affidavit on behalf of opposite party no. 2 Baleshwar Sharma, who is informant and grandfather of the victim. The said affidavit is duly sworn by his son Mithai Lal Sharma, who is father of the victim. He next submitted that applicant no. 1 Arjun and victim Amrita Devi are living happily as husband and wife and they are enjoying marital life. He further submitted that the disputes have been amicably settled between the parties, therefore on the basis of compromise, the Hon'ble Court may kindly be quash the entire proceedings of the aforesaid case.
In view of above, the applicants and opposite party no. 2 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 :- 3.6.2022
Rmk.
