Vikas Kumar Bind vs State Of U.P And Another
2023 Latest Caselaw 14713 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:101278
 
Court No. - 72
 

 
Case :- APPLICATION U/S 482 No. - 39921 of 2022
 

 
Applicant :- Vikas Kumar Bind
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Dharm Jeet Singh
 
Counsel for Opposite Party :- G.A.,Jash Ram
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

Learned counsel for the applicant and learned counsel for opposite party no.2 are present.

In compliance of the Court's order dated 09.02.2023, the trial court has transmitted the certified copy of the compromise deed dated 02.08.2022 and the certified copy of the affidavit of Sanjay Kumar Bind (opposite party no.2) alongwith the certified copy of the verification order dated 22.02.2023 passed on the compromise deed.

The sections involved are 363, 366-A, 376(3) IPC and Section 5j (ii)/6 of POCSO Act. By moving compromise deed, it is submitted that the dispute between the parties has come to an end. The alleged victim, the daughter of the opposite party no.2 is living happily with the applicant Vikas Kumar Bind after solemnizing marriage. The couple is blessed with a daughter also. As per FIR, the age of the victim is shown to be 14 years. In the transfer certificate of class-8th, the date of birth of the victim is shown to be 16.10.2006, but the medical report of the victim is on record wherein the age of the victim on the date of incident is found to be 19 to 20 years.

Learned counsel for the applicant has placed before the Court judgment in Tarun Vaishnav Vs. State of Rajasthan and Ors. (S.B. Criminal Misc (Pet.) No.6323/2022) decided on 13.10.2022 by the High Court of Rajasthan At Jodhpur, whereby in the same situation on the appraisal of the overall circumstances, as an exceptional case, the Apex Court allowed the petition and impugned FIR No.0260/2022, under Sections 376 IPC and Sections 3 and 4 of the Protection of Children from Sexual Offences Act was quashed. As per the facts of the case, minor unmarried daughter of the first informant was diagnosed pregnancy and she gave birth to a child at the age of 16 years. After investigation the baby was found to be a result of her love affairs with the petitioner Tarun Vaishnav. An FIR was lodged under Section 376 IPC and Section 3 and 4 of POCSO Act. The parties arrived at a compromise and neither of the parties expressed their willingness that the petitioner be prosecuted or punished and, thus, going through the sensitivity of the issue, the Apex Court found that the petitioner's prosecution and conviction will lead to pain and tears in the eyes of both families, an innocent child would suffer and in the circumstances the FIR in the same case was quashed.

The matter is the same and in this case also the minor daughter of opposite party no.2 eloped with the applicant and later on they are said to have solemnized marriage and are blessed with a daughter, hence, in the same circumstances the compromise, which is verified by the trial court is accepted. The compromise deed and the verification order dated 22.02.2023 passed thereon shall form part of the order.

As the compromise between the parties has been accepted by this Court, hence, the entire proceedings of S.S.T. No. 391/2022 (State Vs. Vikas Kumar Bind) arising out of Case Crime No.62/2021, under Sections 363, 366-A, 376 (3) I.P.C. & Section 5j(ii)/6 of POCSO Act, Police Station Maduadeeh, District Varanasi, pending in the court of Special Judge POCSO Act 02, Varanasi, are hereby quashed against applicant Vikas Kumar Bind only.

The application under Section 482 Cr.P.C. of the applicant is, thus, allowed.

Order Date :- 10.5.2023

Radhika