Allahabad High Court
Rashid vs State Of U.P. And Another on 20 July, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:145187
Court No. - 87
Case :- APPLICATION U/S 482 No. - 25816 of 2018
Applicant :- Rashid
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shiv Vilas Mishra,Chaman Aara,Mohd. Naushad,Rajiv Sisodia
Counsel for Opposite Party :- G.A.,Chandra Bhushan Prasad
Hon'ble Neeraj Tiwari,J.
Sri Noor Ahmad, Advocate put in appearance and filed Vakalatnama on behalf of victim- Smt. Salma, which is taken on record.
Supplementary affidavit jointly filed today duly sworn by applicant and victim-Smt. Salma is also taken on record.
Heard learned counsel for the applicant, learned AGA for State and Sri Noor Ahmad, learned counsel for Victim-Smt. Salma.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 30.04.2018, summoning order dated 25.05.2018 as well as bailable warrant order dated 30.06.2018 in Criminal Case No. 2927 of 2018, State vs. Rashid, under Sections 376, 506 IPC, arising out of Case Crime No. 0973 of 2017, under sections 376 IPC and 3, 4 POCSO Act, P.S.-Kairana, District-Shamli, pending in the court of Chief Judicial Magistrate, Muzaffarnagar.
Learned counsel for applicant submitted that applicant and victim-Smt. Salma have solemnized marriage and now they are living peacefully as husband & wife. This fact has also been mentioned in the joint affidavit filed today by applicant and victim. Therefore, proceedings of the aforesaid case may be quashed in light of compromise.
Sri Noor Ahmad, learned counsel for victim has supported the case of applicant on the basis of supplementary affidavit. He further submitted that in case aforesaid proceeding is quashed, he would have no objection.
Today, applicant and Victim-Smt. Salma are present before the Court duly identified by their respective counsels. They have also given statement before the Court that they are living together as husband & wife. Further, victim-Smt. Salma stated that she does not want to pursue the criminal proceedings against the applicant any further.
In view of above, the applicant and victim 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 principle 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 judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of aforesaid case are hereby quashed.
The present application is, accordingly allowed. No order as to costs.
Order Date :- 20.7.2023
Sartaj
