Allahabad High Court
Virendar Narayan @ Virendra ... vs State Of U.P. Thru. Secy. Lko. And ... on 16 January, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- APPLICATION U/S 482 No. - 5275 of 2022
Applicant :- Virendar Narayan @ Virendra Narayan And Others
Opposite Party :- State Of U.P. Thru. Secy. Lko. And Others
Counsel for Applicant :- Brijesh Kumar
Counsel for Opposite Party :- G.A.,Manish Srivastava
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Manish Srivastava, learned counsel for the opposite party no.2 and perused the record.
By means of the instant application, the applicants have prayed for quashing of the entire criminal proceedings of Special Sessions Trial No.16 of 2022, State Vs. Virendra Narayan and others, arising out of Case Crime No.106 of 2020, under Sections 457, 354A, 354D, 323, 504, 506 I.P.C. and under Section 7/8 POCSO Act, Police Station Sampurnanagar, District Lakhimpur Kheri pending before Additional District and Session Judge/Special Judge (POCSO), Court No.11, Lakhimpur Kheri on the basis of compromise executed between the applicants and and complainant and victim on 10.5.2022 contained in Annexure No.5 to the application.
Learned counsel for the applicants submits that marriage of the victim has been solemnized with applicant no.1 and due to certain misunderstanding, the instant F.I.R. was lodged against the applicant no.1 and his family members. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 12.5.2022. Thereafter, the applicants filed an Application U/S 482 No.2854 of 2022 wherein, vide order dated 20.5.2022, this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 13.6.2022. He submits that now there is no dispute in between the parties and they have settled their dispute. The applicant no. 1 and opposite party no.2 are living peacefully and enjoying their marital life. He submits that further criminal proceeding in the instant matter would amount to harassment and, thus, the instant criminal proceedings arising out of Case Crime Crime No. 106 of 2020 may be quashed.
Learned counsel for the opposite party no.2 and the learned counsel for the State have also supported the arguments made by the learned counsel for the applicants.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 12.5.2022 and said compromise has been verified on 13.6.2022 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No.106 of 2020.
In view of the above, as the applicants and opposite parties have entered into compromise on 12.5.2022 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 Judgments 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 Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466.
Accordingly, entire criminal proceedings of Special Sessions Trial No.16 of 2022, State Vs. Virendra Narayan and others, arising out of Case Crime No.106 of 2020, under Sections 457, 354A, 354D, 323, 504, 506 I.P.C. and under Section 7/8 POCSO Act, Police Station Sampurnanagar, District Lakhimpur Kheri pending before Additional District and Session Judge/Special Judge (POCSO) Court No.11, Lakhimpur Kheri are hereby quashed.
The compromise shall be part of this order.
The application is allowed accordingly.
Consigned to records.
Order Date :- 16.1.2023
Ram Murti
