Salman And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 22349 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:166527
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 30310 of 2023
 

 
Applicant :- Salman And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shahnawaz Akhtar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Vakalatnama has been filed today in the Court by Ms. Ruksana on behalf of opposite party no.2, is taken on record.

2. Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G.A. for the State.

3. The present 482 Cr.P.C. application has been filed to quash the impugned summoning order dated 02.11.2022 passed in Sessions Case No.1148 of 2022 arising out of Case Crime No.195 of 2022, under Sections- 354-Kha, 506 I.P.C. and Section 7/8 of POCSO Act, Police Station-Sahaswan, District-Budaun, passed by Addl. Sessions Judge/Special Judge, POCSO Act, Court No.3, Budaun.

4. Learned counsel for the applicant submitted that applicants and opposite party No.2 have settled their dispute out of the Court, thereafter, they approached to trial court to compound the offence in the terms made between the parties but trial court vide its order dated 23.05.2023, rejected the application of the applicants on the ground that the offence alleged in the FIR is not compoundable. Learned counsel for the applicants has challenged the order dated 23.05.2023 and submitted that both the parties have settled their dispute out of the Court and opposite party no.2 does not want to pursue the matter.

5. Learned AGA submitted that since, both the parties have settled their dispute out of the court, hence, no reason to proceed further. He next submitted that in view of judgment passe by Hon'ble The Apex Court, the matter can be compounded.

6. Considering the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble 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. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail.

7. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

8. Accordingly, the impugned summoning order dated 02.11.2022 passed in Sessions Case No.1148 of 2022 arising out of Case Crime No.195 of 2022, under Sections 354-Kha, 506 I.P.C. and Section 7/8 of POCSO Act, Police Station-Sahaswan, District-Budaun, passed by Addl. Sessions Judge/Special Judge, POCSO Act, Court No.3, Budaun are hereby quashed.

9. This application under Section 482 CrPC is accordingly allowed.

Order Date :- 18.8.2023

Nitin Verma