Allowed

Abhishek and 5 Others v. State of Up and 3 Others

Allahabad HC23 Aug 2024A482/13129/2024

Case brief

AI extract

What is this about?

A 482 CrPC application sought quashing of a POCSO trial's charge sheet and summoning order after the parties compromised. The court held continuing the settled case served no purpose, quashed the charge sheet dated 30.08.2019, cognizance order dated 24.11.2020 and entire trial proceedings against the applicants.

What did the court decide?

Charge sheet dated 30.08.2019, cognizance/summoning order dated 24.11.2020 and entire trial proceedings against applicants quashed.

Abhishek and 5 Others vs State of Up and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:138542

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 13129 of 2024

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Applicant :- Abhishek And 5 Others Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Rang Nath Pandey Counsel for Opposite Party :- G.A.,Vimalendra Kumar Upadhyay

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicants, Shri Vimalendra Kumar Upadhyay, learned counsel for opposite party no. 2, learned A.G.A. for the State-respondent, and perused the entire record.

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The instant application has been preferred with the prayer to quash the charge sheet dated 30.08.2019 and cognizance/summoning order dated 24.11.2020 passed by Special Judge POCSO Act, Varanasi as well as entire proceedings of Special Sessions Trial No. 866 of 2020, tilted as State vs. Abhieshek and others, arising out of Case Crime No. 282 of 2019, under Sections 354, 354A, 354B, 352, 452, 504, 506 IPC and 7/8 of the Protection of Children From Sexual Offences, Act, 2012, P.S. Cholapur, District Varanasi, pending in the court of learned Additional District and Sessions Judge/Special Judge POCSO Act, Varanasi on the basis of the compromise.

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Learned counsel for the applicant submits that since the parties had settled their disputes outside the court and compromised the matter on 19.09.2023. It is further submitted that since parties have settled the disputes amicably, the opposite party no.2 does not want to proceed further with the trial, therefore, no fruitful purpose would be served by keeping the matter pending.

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Per contra , learned counsel for the opposite party no. 2 submits that since the disputes between the parties have been settled, and the opposite party no.2 has no objection, if the proceedings of the aforesaid case pending before the trial court is quashed.

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I have considered the submissions made by the learned counsel for the parties, and have gone through the entire record.

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Since the dispute between the parties has been amicably settled,

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no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak.

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In such circumstances, the impugned charge sheet dated 30.08.2019 and cognizance/summoning order dated 24.11.2020 passed by Special Judge POCSO Act, Varanasi as well as entire proceedings of Special Sessions Trial No. 866 of 2020, tilted as State vs. Abhieshek and others, arising out of Case Crime No. 282 of 2019, under Sections 354, 354A, 354B, 352, 452, 504, 506 IPC and 7/8 of the Protection of Children From Sexual Offences, Act, 2012, P.S. Cholapur, District Varanasi, pending in the court of learned Additional District and Sessions Judge/Special Judge POCSO Act, Varanasi, against the applicants, are hereby quashed.

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The instant petition stands allowed, accordingly.

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Order Date :- 23.8.2024

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Ujjawal

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Justice Vinod Diwakar

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Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad

Abhishek and 5 Others v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Abhishek and 5 Others v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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