Allahabad High Court
Jaswant @ Shiva vs State Of U.P. Thru. Prin. Secy. ... on 24 August, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:56569
Court No. - 28
Case :- APPLICATION U/S 482 No. - 7892 of 2023
Applicant :- Jaswant @ Shiva
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Others
Counsel for Applicant :- Durgesh Kumar Singh
Counsel for Opposite Party :- G.A.,Ankit Kumar Trivedi
Hon'ble Shree Prakash Singh,J.
1. Short counter affidavit filed today by counsel for opposite party no. 5 is taken on record.
2. Heard SriDurgesh Kumar Singh, learned counsel for the applicant, Sri Ankit Kumar Trivedi and Smt Vanshika Singh, counsels for opposite party no. 5, Smt Nusrat Jahan, learned A.G.A. for the State and perused the record.
3. Instant application has been filed with prayer to quash the entire proceeding of Session Trial No. : 68 of 2020; (State Vs. Jaswant) in pursuance of chargesheet No. A23 of 2020 dated 30.01.2020 arising out of case crime No. 225 of 2019, Under Section 363, 366, 376 I.P.C. and 4 of Protection of Children from Sexual Offences Act, 2012, Police Station: Rajesultanpur, District: Ambedkar Nagar in the light of compromise dated 08.05.2023.
4. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant case. He further added that due to some misunderstanding the instant FIR was lodged and thereafter the parties sat together and they have settled their dispute and that too has been reduced in writing as a compromise deed dated 08.05.2023. He next submits that the present applicant and opposite party no. 2 are living with each other as husband and wife and due to certain enmity the impugned F.I.R. was lodged. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicant would be a futile exercise and amount to harassment of the applicants.
5. Adding his arguments, he also submits that this Hon'ble Court vide order dated 07.06.2023 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 5800 of 2023 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 08.05.2023 has been verified in presence of all concerned parties and the order of verification was passed on 05.07.2023 by the learned Special Judge, POCSO Act-I, Ambedkar Nagar. He next added that now the matter has been compromised between the parties, and as such the proceedings ofSession Trial No. : 68 of 2020; (State Vs. Jaswant) in pursuance of chargesheet No. A23 of 2020 dated 30.01.2020 arising out of case crime No. 225 of 2019, Under Section 363, 366, 376 I.P.C. and 4 of Protection of Children from Sexual Offences Act, 2012, Police Station: Rajesultanpur, District: Ambedkar Nagar may be quashed.
6. In support of his contentions, he has placed reliance on a judgment rendered in Vishwas Bhandari v. State of Punjab and another reported in (2021) 2 Supreme Court Cases 605, Criminal Appeal No.105 of 2021, dated 03.02.2021 and has placed reliance on paragraphs 9 and 10 and the same are extracted hereunder:-
"9. We find that the evidence of the prosecutrix and the complainant before the Court shows that there is no allegation whatsoever against the appellant. The main allegation was against Vikram Roop Rai but the prosecutrix married him on 4.8.2013 and had given birth to two children from that wedlock. In the absence of any allegation against the appellant, we find that the continuation of proceedings against him is nothing but an abuse of process of law.
10. Since there is no evidence against the appellant, the proceedings initiated against him on the basis of FIR would be untenable. The High Court was, thus, not justified in dismissing the petition against the appellant."
7. Referring the aforesaid, he submits that the case of the present applicant is squarely covered with the ratio of the Judgment aforesaid. He next submits that there are two children from the wedlock of the applicant and opposite party no. 2,
8. On the other hand, learned counsel for the opposite party no. 2 has also supported the version of the applicant and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped.
9. On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid.
10. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 08.05.2023 and said compromise has been verified on 05.07.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned Case Crime No. 225 of 2019.
11. In view of the above, as the applicant and opposite party no. 2 have entered into compromise on 08.05.2023 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of allowed ntly, proceedings ofSession Trial No. : 68 of 2020; (State Vs. Jaswant) in pursuance of chargesheet No. A23 of 2020 dated 30.01.2020 arising out of case crime No. 225 of 2019, Under Section 363, 366, 376 I.P.C. and 4 of Protection of Children from Sexual Offences Act, 2012, Police Station: Rajesultanpur, District: Ambedkar Nagar are hereby quashed.
13. The compromise deed shall be part of this order.
14. Consequences to be followed.
15. The application is allowed accordingly.
Order Date :- 24.8.2023
Mayank
