Others v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And

Sri Niyaj Ahmad, Advocate has put in appearance for the private opposite party Nos. 2 to 6 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the parties and gone through the record. The present application has been filed by the applicants for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of POCSO Case No.397 of 2022; State Versus Ajeet Kumar alias Ravi and others, arising out of Case Crime No.86 of 2022, under sections- 354-A, 323, 504, 506 I.P.C. and Sections 7/8 of the Protection of Children from Sexual Offences Act, 2012, relating to the Police Station-Ibrahimpur, District- Ambedkar Nagar, pending in the Court of learned Chief Judicial Magistrate, Ambedkar Nagar, as well as impugned chargesheet no.82/2022, dated 2.6.2022, submitted against the petitioners no.1 and 2, under sections- 354-A, 323, 504, 506 I.P.C. and Sections 7/8 of the Protection of Children from Sexual Offences Act, 2012, and petitioners no.3 and 4, under sections- 323, 504, 506 I.P.C., by the Investigating Officer in aforesaid case crime number, as contained in Annexure no.1 to the instant petition, in the light of compromise, attained between the parties, in the interest of law and justice." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 9961 of 2024 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 18.11.2024 referred the matter to the concerned court/trial court for the purpose of verification of the compromise entered into between the parties. It further appears that in compliance of this Court's order dated 18.11.2024, the trial court has verified the compromise vide order dated 26.11.2024, which is annexed as Annexure No. 7 to this application. Based upon the aforesaid facts as also the observations made by the Hon'ble Apex Court in various pronouncements, learned counsel for the applicants stated that the instant application be allowed and pending proceedings in issue be quashed. It is also stated that another APPLICATION U/S 482 No. 11465 of 2024 (Gaurav @ Satyavrat And 3 Others vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others) was filed before this Court for quashing of the proceedings based upon the verified compromise and this Court vide order dated 16.12.2024 quashed the entire proceedings. The order, referred, reads as under:- "1. Vakalatnama filed by Shri Nijam Ahmad, Advocate on behalf of the opposite party Nos.2 & 3 is taken on record.

2. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party nos.2 & 3 and perused the record.

3. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No.2620 of 2023 (State Versus Gaurav alias Satyavrat and others) arising out of Case Crime No.178 of 2022, under Sections 323, 354-A, 427, 452, 504, 506 I.P.C., relating to the Police Station- Ibrahimpur, District- Ambedkar Nagar pending in the Court of learned Chief Judicial Magistrate, Ambedkar Nagar as well as impugned charge-sheet no.A-203/22 dated 6.11.2022, submitted against the applicants no.1 and 2, under Sections 452, 323, 504, 506, 354-A I.P.C. and against applicants no.3 and 4, under Sections 452, 323, 504, 506, 427 I.P.C., by the Investigating Officer in aforesaid case crime number.

4. Learned counsel for the applicants as well as learned counsel for opposite party Nos.2 & 3 jointly submitted that vide order dated 25.10.2024, a direction was given to the trial court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned trial court had verified the contents of compromise.

5. Learned counsel for the applicants and learned counsel for opposite party nos. 2 & 3 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated 26.11.2024.

6. Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the trial court.

7. Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

8. In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is purely of personal nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further.

9. For the discussions made above, the present application is allowed. The entire proceedings of Criminal Case No.2620 of 2023 (State Versus Gaurav alias Satyavrat and others) arising out of Case Crime No.178 of 2022, under Sections 323, 354-A, 427, 452, 504, 506 I.P.C., relating to the Police Station- Ibrahimpur, District- Ambedkar Nagar pending in the Court of learned Chief Judicial Magistrate, Ambedkar Nagar as well as impugned charge-sheet no.A-203/22 dated 6.11.2022 are hereby quashed.

10. Office is directed to communicate this order to learned trial Court, forthwith." Based upon the compromise entered into between the parties, learned counsel for the opposite party Nos. 2 to 6 also stated that the opposite party Nos. 2 to 6 do not want to continue with the proceeding in issue and the same may be quashed. Considering the aforesaid and also the submissions made by learned Counsel for the parties and the nature of dispute/crime and also the observations made by the Hon'ble Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, 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, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case Crime No. 86 of 2022, indicated above, are hereby quashed. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 7.1.2025 Arun/- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Sri Niyaj Ahmad, Advocate has put in appearance for the private opposite party Nos. 2 to 6 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the parties and gone through the record. The present application has been filed by the applicants for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of POCSO Case No.397 of 2022; State Versus Ajeet Kumar alias Ravi and others, arising out of Case Crime No.86 of 2022, under sections- 354-A, 323, 504, 506 I.P.C. and Sections 7/8 of the Protection of Children from Sexual Offences Act, 2012, relating to the Police Station-Ibrahimpur, District- Ambedkar Nagar, pending in the Court of learned Chief Judicial Magistrate, Ambedkar Nagar, as well as impugned chargesheet no.82/2022, dated 2.6.2022, submitted against the petitioners no.1 and 2, under sections- 354-A, 323, 504, 506 I.P.C. and Sections 7/8 of the Protection of Children from Sexual Offences Act, 2012, and petitioners no.3 and 4, under sections- 323, 504, 506 I.P.C., by the Investigating Officer in aforesaid case crime number, as contained in Annexure no.1 to the instant petition, in the light of compromise, attained between the parties, in the interest of law and justice." It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 9961 of 2024 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 18.11.2024 referred the matter to the concerned court/trial court for the purpose of verification of the compromise entered into between the parties. It further appears that in compliance of this Court's order dated 18.11.2024, the trial court has verified the compromise vide order dated 26.11.2024, which is annexed as Annexure No. 7 to this application. Based upon the aforesaid facts as also the observations made by the Hon'ble Apex Court in various pronouncements, learned counsel for the applicants stated that the instant application be allowed and pending proceedings in issue be quashed. It is also stated that another APPLICATION U/S 482 No. 11465 of 2024 (Gaurav @ Satyavrat And 3 Others vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others) was filed before this Court for quashing of the proceedings based upon the verified compromise and this Court vide order dated 16.12.2024 quashed the entire proceedings. The order, referred, reads as under:- "1. Vakalatnama filed by Shri Nijam Ahmad, Advocate on behalf of the opposite party Nos.2 & 3 is taken on record.

2. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party nos.2 & 3 and perused the record.

3. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No.2620 of 2023 (State Versus Gaurav alias Satyavrat and others) arising out of Case Crime No.178 of 2022, under Sections 323, 354-A, 427, 452, 504, 506 I.P.C., relating to the Police Station- Ibrahimpur, District- Ambedkar Nagar pending in the Court of learned Chief Judicial Magistrate, Ambedkar Nagar as well as impugned charge-sheet no.A-203/22 dated 6.11.2022, submitted against the applicants no.1 and 2, under Sections 452, 323, 504, 506, 354-A I.P.C. and against applicants no.3 and 4, under Sections 452, 323, 504, 506, 427 I.P.C., by the Investigating Officer in aforesaid case crime number.

4. Learned counsel for the applicants as well as learned counsel for opposite party Nos.2 & 3 jointly submitted that vide order dated 25.10.2024, a direction was given to the trial court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned trial court had verified the contents of compromise.

5. Learned counsel for the applicants and learned counsel for opposite party nos. 2 & 3 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated 26.11.2024.

6. Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the trial court.

7. Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

8. In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is purely of personal nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further.

9. For the discussions made above, the present application is allowed. The entire proceedings of Criminal Case No.2620 of 2023 (State Versus Gaurav alias Satyavrat and others) arising out of Case Crime No.178 of 2022, under Sections 323, 354-A, 427, 452, 504, 506 I.P.C., relating to the Police Station- Ibrahimpur, District- Ambedkar Nagar pending in the Court of learned Chief Judicial Magistrate, Ambedkar Nagar as well as impugned charge-sheet no.A-203/22 dated 6.11.2022 are hereby quashed.

10. Office is directed to communicate this order to learned trial Court, forthwith." Based upon the compromise entered into between the parties, learned counsel for the opposite party Nos. 2 to 6 also stated that the opposite party Nos. 2 to 6 do not want to continue with the proceeding in issue and the same may be quashed. Considering the aforesaid and also the submissions made by learned Counsel for the parties and the nature of dispute/crime and also the observations made by the Hon'ble Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, 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, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case Crime No. 86 of 2022, indicated above, are hereby quashed. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 7.1.2025 Arun/- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench