Deepu Rajpoot vs State Of U.P.And 2 Others
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Allahabad High Court

Deepu Rajpoot vs State Of U.P.And 2 Others on 1 May, 2024

Author: Vivek Varma

Bench: Vivek Varma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:78171
 
Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 24755 of 2022
 

 
Applicant :- Deepu Rajpoot
 
Opposite Party :- State Of U.P.And 2 Others
 
Counsel for Applicant :- Fakhruzzaman
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Varma,J.
 

1. Heard Sri Mansoor Ali Ansari, Advocate holding brief of Sri Fakhruzzaman, learned counsel for the applicant, Sri Bhavesh Kumar Mishra, learned counsel for the opposite party No.2., learned A.G.A. for the State. Perused the records.

2. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case Crime No.0007 of 2020, under Sections 363, 366, 376 IPC, section 3/4 Protection of Children from Sexual Offences Act and 3(2) (V) SC/ST Act, Police Station Sipri Bazar, District Jhansi, pending in the Court of Special Court of POCSO Act, Jhansi, on the basis of compromise.

3. Learned counsel for the applicant submits that on the alleged date of occurrence victim was major. Further, the applicant has married the victim and both are living happily married life having a minor child.

4. It is also stated that the compromise deed arrived at between the parties had been filed by the parties before the trial court. Further, pursuant to the order dated 12.01.2023 passed by this Court, the parties appeared before the trial Court and the court has verified the aforesaid compromise vide order dated 03.02.2023. The copies of the compromise and the order of verification dated 03.02.2023 sent by the Special Judge (POCSO Act), Jhansi vide letter dated 08.02.2023 have been placed on the record by the office.

5. Learned counsel for the applicant has placed reliance upon the judgment of the Supreme Court in the case of Jatin Agarwal v. State of Telangana and another, Criminal Appeal No. 456 of 2022, dated 21.03.2022, as well as the orders of this Court in Application U/s 482 No. 14068 of 2021, Irfan @ Panjabi v. State of U.P. and another, dated 02.11.2022; Application U/s 482 No. 2021, Deepak v. State of U.P. and another, dated 15.12.2021; and Application U/s 482 No. 2286 of 2019, Parvesh Kumar @ Ravindra Chandel v. State of U.P. and others, dated 21.01.2019.

6. Learned counsel for the opposite party no.2 does not dispute the submissions advanced by the learned counsel for the applicant or the correctness of the documents relied upon by him. He submits that he has no objection if the proceedings are quashed.

7. Having regard to the facts and circumstances of the case that the applicant and the victim are leading a happy married life and the parties have entered into a compromise, and also in the light of the decisions referred above, to secure the ends of the justice the proceedings of the aforesaid case are quashed.

8. Accordingly, the present application is allowed.

Order Date :- 1.5.2024

Neeraj