Allahabad High Court
Mr. Rohit Sonkar vs State Of U.P. Thru.Prin.Secy. ... on 22 February, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- APPLICATION U/S 482 No. - 847 of 2023
Applicant :- Mr. Rohit Sonkar
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home Deptt. And Others
Counsel for Applicant :- Azmi Yousuf
Counsel for Opposite Party :- G.A.,Priyanka Yadav
Hon'ble Shree Prakash Singh,J.
Counter affidavit filed by the State is taken on record.
Heard learned counsel for the applicant, Ms. Priyanka Yadav, learned counsel for the opposite party nos. 2 & 3 Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State and perused the material on record.
Instant application has been filed with the prayer to quash the impugned charge sheet dated 29.12.2019 along with the entire proceedings of Sessions Trial No.131 of 2020 arising out from the Case Crime No.0772 of 2019 under Sections 363, 366, 504, 376 I.P.C. & 3/4 the Protection of Children from Sexual Offences Act, 2012 P.S. Thakurganj, District Lucknow "State of U.P. Vs. Rohit Sonkar" pending before Additional District & Sessions Judge/Special Judge, POCSO Act, Court No.-2, Lucknow.
Learned counsel the applicant submits that due to some misunderstanding, the instant F.I.R. was lodged by the opposite party no. 2 against the applicant and his family members but, thereafter, the applicant and opposite party no.3 started living together and and have solemnized marriage. He next added that compromise deed has been annexed as Annexure No.1 to the short counter affidavit filed by by the opposite party no.3, which has been entered in between the parties on 7.2.2023 wherein conditions have been mentioned. He next added that the further criminal proceedings against the present applicant would be a futile exercise as there is no fate of trial and thus, with a view to settle a family and to meet the ends of interest of justice, the criminal proceedings against the applicant may be quashed.
In support of his contentions, learned counsel for the applicants 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 referred 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."
Referring the aforesaid, he submits that Hon'ble Apex Court has settled the controversy and the case of the present applicants are also squarely covered with the ratio of the Judgment aforesaid.
On the other hand, learned counsel appearing for opposite party nos. 2 & 3 supports the version of the learned counsel for the applicant and reiterated that now the opposite party no. 2 has no grievance against the applicant and his family members. The opposite party nos.2 & 3 and the applicant is living with each other and, thus, further criminal proceedings against the applicant may be dropped.
On the other hand, learned A.G.A. appearing for the State has no objection to the contentions aforesaid.
Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.
The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings.
For a period of one month, the proceedings of entire proceedings of Sessions Trial No.131 of 2020 arising out from the Case Crime No.0772 of 2019 under Sections 363, 366, 504, 376 I.P.C. & 3/4 the Protection of Children from Sexual Offences Act, 2012 P.S. Thakurganj, District Lucknow, shall remain stayed so far as applicants are concerned.
Office is directed to return the original compromise deed to the learned counsel for the applicant, if any, after taking the photocopy of the same.
Order Date :- 22.2.2023
Ram Murti
