Abhishek Chaudhary Vs State of U.P. and Anr.

Court No. - 66

Case :- APPLICATION U/S 482 No. - 1256 of 2020

Applicant :- Abhishek Chaudhary Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pradeep Singh,Manu Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Pradeep Singh, learned counsel for the applicant, Sri Surendra Kumar, learned counsel for the opposite party no.2 as well as the learned A.G.A. and perused the material placed on record.

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The applicant, by way of filing the present application, has sought for quashing entire criminal proceedings including charge-sheet no.01 of 2018 dated 15.06.2018 in Criminal Case No.517 of 2018 (State of Uttar Pradesh Versus Abhishek Chaudhary) arising out of Case Crime No.0247 of 2018 under Sections 363, 366, 376 (2)Jha I.P.C. and 3/4 of Protection of Children From Sexual Offences Act, 2012, Police Station Saini, District Kaushambi, pending in the court of Additional District and Sessions Judge, Court No.1, Kaushambi on the basis of application dated 21.02.2019.

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The prayer for quashing of the proceeding against the applicant has been made on the basis of compromise arrived at between the parties. The Apex Court in the case of Narinder Singh & ors. Vs. State of Punjab and another reported in (2014) 6 SCC 466 has categorically stipulated that the offences under Sections 376 I.P.C. and 3/4 of POCSO Act are against public and therefore, the proceedings cannot be quashed on the basis of compromise. I may further record that the cognizance of the offence against the applicant was taken in the year 2018. However, learned counsel for the applicant states that he may be permitted to withdraw the application.

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Accordingly, the application under Section 482 Cr.P.C. is dismissed as withdrawn without any liberty to the applicant to file a fresh application for the same cause of action with similar relief.

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Order Date :- 10.1.2020 MN/-

Abhishek Chaudhary v. State of U.P. and Anr.

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Abhishek Chaudhary v. State of U.P. and Anr.

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