Allahabad High Court
Shaukat And Another vs State Of U.P. And Another on 13 July, 2023
Bench: Surendra Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:139453
Court No. - 92
Case :- APPLICATION U/S 482 No. - 20557 of 2017
Applicant :- Shaukat And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ashish Goyal
Counsel for Opposite Party :- G.A.,Ankit Kapoor,Mohd. Ayub
Hon'ble Surendra Singh-I,J.
Supplementary affidavit filed on behalf of applicants in the Court today is taken on record.
Heard Sri Ashish Goyal, learned counsel for the applicants, Sri K.K. Tripathi, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case Crime No. 128 of 2017, under sections 363 and 366 I.P.C., P.S. Shahganj, district-Agra, pending in the Court of POCSO Act, Agra, as well as chargesheet dated 20.4.2017.
Compromise verification report, dated 19.5.2023 send by Addl. District & Sessions Judge/Special Judge (POCSO Act, Exclusive Court), court no. 27, Agra has been received.
As per report dated 19.5.2023, informant Ashok Khan, victim Shayana Urmi, accused Shaukat and Smt. Rehana have appeared before the trial court and filed compromise deed, which was verified by the trial Court.
Since applicants, Shaukat, Smt. Rehana as well as Shayana Urmi and Ashok Khan have amicably settled the dispute among themselves and have mutually compromised in the matter. According to the counsel there is no dispute left out any more in between the parties and they wish no more litigation in between them. The compromise deed filed by them has been verified by the concerned trial Court.
Learned counsel for the opposite party no. 2 states 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 and opposite party no. 2 has no objection if the present application in question is allowed and the impugned proceedings be quashed.
In view of the fact that 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 principles 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 Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another) against accused Shaukat son of Nazir @ Nazzo and Smt. Rehana w/o of Shaukeen, the proceeding of Special Trial No. 650 of 2017 (State vs. Bunti @ Sahid and others), arising out of Case Crime No. 128 of 2017, under sections 363 and 366 I.P.C., P.S. Shahganj, district-Agra, pending in the Court of POCSO Act, Agra and the impugned F.I.R. is hereby quashed.
It is made clear that criminal trial of co-accused Bunti @ Shahid in the aforesaid Special Trial has not been quashed and shall continue in accordance with law.
The present writ petition is accordingly allowed.
Order Date :- 13.7.2023
Faridul
