Rajesh Nishad @ Rajesh Kumar v. State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home, Lko. and Others

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11367 of 2023 Applicant :- Rajesh Nishad @ Rajesh Kumar Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home, Lko. And Others Counsel for Applicant :- Rankaj Kumar Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Rajesh Singh, Advocate, has put in appearance on behalf of private opposite party no. 2 and has filed his Vakalatnama in the Court today, which is taken on record. Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record. The present application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Special Session Trial POCSO No. 81 of 2017 (State vs. Rajesh Nishad) arising out of Case Crime No. 123 of 2017 in pursuance of Charge Sheet No. A062 of 2017 dated 02.11.2017, under Sections 376, 506 IPC and Section 3/4 of POCSO Act, Police Station-Maharua, District-Ambedkar Nagar. It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 9474 of 2023 and the documents in support thereof as also the submissions made by the learned counsel for the applicant, this Court vide order dated 03.10.2023 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties. It appears from the order dated 11.10.2023 (Annexure No. 6) that the Special Judge, POCSO Act, Ambedkar Nagar has verified the compromise mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court. For the relief(s) sought, on the basis of compromise, the learned counsel for the applicant has placed reliance on the judgments of the Apex Court in the case of Romgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409. Learned Additional Government Advocate could not dispute the fact that the compromise has been entered into between the parties and now the opposite party no. 2 does not want to proceed with the proceedings in issue. Considering the submissions advanced by learned counsel for the parties and perusing the order of trial Court dated

11.10.2023 as also taking note of the observations made by Hon'ble Apex Court in the judgments, referred above, and the nature of dispute/crime, this Court is of the view that no purpose would be served in keeping the proceedings pending before the trial court and hence, entire proceedings of Special Session Trial POCSO No. 81 of 2017 (State vs. Rajesh Nishad) arising out of Case Crime No. 123 of 2017 in pursuance of Charge Sheet No. A062 of 2017 dated 02.11.2017, under Sections 376, 506 IPC and Section 3/4 of POCSO Act, Police Station-Maharua, District-Ambedkar Nagar are hereby quashed in terms of the compromise. Accordingly, the present application U/S 482 Cr.P.C. is allowed in above terms. Office/Registry is directed to send the copy of this order to concerned court forthwith. Order Date :- 6.12.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench