Allowed

Dharmendra Alias Dhirendra Kumar Singh v. State of U.P. and Another

Allahabad HC18 Jul 2024A482/13214/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash criminal proceedings charging the applicant with offenses under IPC Section 354 and POCSO Section 7/8. Court quashed the case based on verified compromise and the fact that the parties have since married and have a child.

What did the court decide?

The entire proceedings of S.T. No. 502 of 2017, titled as State v. Dharmendra Singh @ Dhirendra Singh, arising out of Case No. 60 of 2017, under Section 354 IPC and Section 7/8 of POCSO Act, were quas

Dharmendra Alias Dhirendra Kumar Singh vs State of U.P… — Narcotics (NDPS) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:144958

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 13214 of 2024

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Applicant :- Dharmendra Alias Dhirendra Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Singh Som Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State-respondent, and perused the entire record including the verification report of compromise by the court concerned.

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of S.T. No. 502 of 2017 titled as State v. Dharmendra Singh @ Dhirendra Singh, arising out of Case No. 60 of 2017, under Section 354 I.P.C. and Section 7/8 of POCSO Act, P.S. Thakurdwara, District Moradabad, pending in the Court of Special Judge, POCSO Act-1^st , Moradabad, on the basis of a compromise.

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Learned counsel for the applicant submits that since the parties have settled their dispute outside the court, therefore, they were directed to appear before the court concerned for verification of the compromise vide order dated 30.04.2024. In compliance thereof, parties appeared before the trial Court and got the compromise verified on 15.05.2024. It is also submitted that the victim has married to accused-applicant and a child has also born out of the said wedlock. The registered/fax copy of verification of compromise has been placed on record. It is further submitted that since parties have settled the dispute, opposite party no.2 does not want to proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending.

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Learned A.G.A. does not dispute the aforesaid facts and has no objection to the applicant's prayer.

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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 victim has married to the accused-applicant and a child has also born out of the said wedlock and both are living

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happily, 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 entire proceedings of S.T. No. 502 of 2017 titled as State v. Dharmendra Singh @ Dhirendra Singh, arising out of Case No. 60 of 2017, under Section 354 I.P.C. and Section 7/8 of POCSO Act, P.S. Thakurdwara, District Moradabad, pending in the Court of Special Judge, POCSO Act-1^st , Moradabad, against the applicant, are hereby quashed.

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The instant petition stands allowed , accordingly.

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Order Date :- 5.9.2024

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Shafique

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Justice Vinod Diwakar

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Dharmendra Alias Dhirendra Kumar Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dharmendra Alias Dhirendra Kumar Singh v. State of U.P. and Another

Case brief

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