Arvind v. State of U.P. and 4 Others

Court No. - 87 Case :- APPLICATION U/S 482 No. - 42523 of 2023 Applicant :- Arvind Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Zafar Abbas,Sarve Nazir Counsel for Opposite Party :- G.A.,Faheem Ahmad,Sudhanshu Kumar Singh Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the opposite party Nos. 1 & 2 and Sri Faheem Ahmad, learned counsel for the opposite party No. 4.

¶2The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 12.01.2023, cognizance/summoning order dated

27.01.2023 in Special Case No. 116of 2023 (State Vs. Arvind), arising out of Case Crime No. 934 of 2022, under Sections-363, 375(3) I.P.C. 3/4 of POCSO Act, Police Station-Majhola, District-Moradabad, pending in the court of Special Judge POCSO Act, Moradabad.

¶3Learned counsel for the applicant submitted that applicant and opposite party No. 4 both are major. He next submitted that they have solemnized marriage and the same has also been registered in the office of Marriage Registration Officer, Moradabad on

04.08.2023. He next submitted that applicant and opposite party No. 5 are living happily together after the marriage. He next submitted that parties have now entered into compromise and opposite party No. 4 has decided not to press the present criminal proceeding against the applicant any further. He next submitted that in light of compromise entered between the parties, criminal proceeding against the applicant may be quashed.

¶4Learned A.G.A. could not dispute the aforesaid facts.

¶5Sri Faheem Ahmad, learned counsel for the opposite party No. 4 has not objected the aforesaid facts and submitted that in case proceedings against the applicant is quashed, he would have no objection.

¶6In view of the facts and circumstances of the case, the applicants and opposite party no. 4 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.

¶7Thus 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.

¶8The present application is, accordingly allowed.

¶9No order as to costs. Order Date :- 6.12.2023 ADY High Court of Judicature at Allahabad