Nirmal Singh v. State of U.P. and 4 Others

Court No. - 87 Case :- APPLICATION U/S 482 No. - 10533 of 2023 Applicant :- Nirmal Singh Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Jai Shanker Malviya Counsel for Opposite Party :- G.A.,Ajay Kumar Srivastava Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Ajay Kumar Srivastava, learned counsel for the opposite party No. 2 & 3.

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Session Trial No. 1062 of 2017(State Vs. Nirmal Singh), arising out of Case Crime No. 398 of 2017, under Sections-363, 366. 376 I.P.C. and 3/4 5J II/6 POCSO Act, Police Station-Thakurdwara, District-Moradabad, pending in the court of Special Judge, POCSO Act, Court No. 3, Moradabad on the basis of compromise.

¶3Learned counsel for the applicant submitted that now applicant and opposite party No. 3 have solemnized marriage and living together happily. He next submitted that applicant and opposite party No. 3 have been blessed with two children out of their wedlock. He next submitted that applicant and opposite party No. 3 have entered into compromise, therefore, in light of compromise entered between the parties, criminal proceeding against the applicant may be quashed.

¶4Sri Ajay Kumar Srivastava, learned counsel for the opposite party No. 2 & 3 has filed short counter affidavit, in which he has supported the case of the applicant and submitted that in case proceedings against the applicant is quashed, he would have no objection.

¶5In view of the facts and circumstances of the case, the applicant and opposite party no. 2 & 3 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.

¶6Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of the aforesaid case is hereby quashed.

¶7The present application is, accordingly allowed.

¶8No order as to costs. Order Date :- 12.10.2023 ADY High Court of Judicature at Allahabad