Shiv Narayan v. State of U.P. and 2 Others

Court No. - 87 Case :- APPLICATION U/S 482 No. - 45424 of 2023 Applicant :- Shiv Narayan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Compromise Application along with Vakalatnama filed by Shri Ayush Arora, Advocate on behalf of the opposite party No.2 and 3 is taken on record.

¶2Heard Shri Pradeep Kumar, learned counsel for the applicant, learned A.G.A. for the State and Shri Ayush Arora, learned counsel for the opposite party Nos.2 and 3.

¶3The present 482 Cr.P.C. application has been filed to quash the charge-sheet No.60/2023 dated 28.09.2023, summoning order dated 10.10.2023 as well as entire proceedings of Special Session Trial No.307 of 2023, arising out of Case Crime No.70 of 2023, under Section 363, 313, 376 I.P.C. and Section 5/6 POCSO Act, Police Station Mutthiganj, District Prayagraj in terms of compromise done between the parties.

¶4Learned counsel for the applicant submits now parties have entered into compromise on 19.11.2023. He next submits that applicant and opposite party No.3 had solemnized marriage on

28.10.2023 and said marriage was also registered in the Office of Marriage Registrar Officer Sadar-I, Prayagraj on 03.11.2023. This fact may also be verified from the joint affidavit filed today. He next submits that in light of compromise between the parties, the criminal proceeding against the applicant may be quashed.

¶5Learned counsel for the opposite party No. 2 has filed joint affidavit, in which is has not objected the aforesaid facts and submitted that in case proceedings against the applicants is quashed, he would have no objection.

¶6Learned A.G.A. could not dispute the aforesaid facts.

¶7In view of the facts and circumstances of the case, the applicants and opposite party no. 2 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.

¶8Thus 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.

¶9The present application is, accordingly allowed. Order Date :- 13.12.2023 Amit High Court of Judicature at Allahabad