Allowed

Furkan v. State of U.P. and 3 Others

Allahabad HC22 Jul 2024A482/19329/2024

Case brief

AI extract

What is this about?

Section 482 application to quash a POCSO-related charge-sheet and proceedings on the basis of a court-verified compromise. The judge found continuation pointless given settlement and quashed the charge-sheet, summoning order and trial proceedings.

What the court decided

AI extract

Furkan vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:140000

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 19329 of 2024

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Applicant :- Furkan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajiv Sisodia 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 counsel for the opposite party no.2, learned A.G.A. for the State-respondent, and perused the entire record including the verification report, filed by the learned A.G.A.

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet no. 93 of 2022, dated 17.05.2022, summoning order dated 17.09.2022 as well as entire proceedings of S.S.T. No. 763 of 2022, titled as State v. Furkan, arising out of Case Crime No. 125 of 2022, under Sections 452, 354, 323, 506 IPC and Section 7/8 of POCSO Act, P.S. Amroha Dehat, District Amroha, pending in the Court of Additional Sessions Judge/Special Judge (POCSO Act)-I Amroha, on the basis of a compromise.

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Learned counsel for the applicant submits that since the parties had settled their dispute outside the court. On the last occasion, the Court had directed learned A.G.A. for verification of the compromise. In compliance thereof, the report has been submitted and the compromise has been verified before the trial Court on 29.07.2024. The copy of verification of compromise has been filed along with the application. It is further submitted that since parties have settled the dispute, opposite party no.2 does not want to

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proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending.

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Per contra , learned A.G.A. as well as learned counsel for the opposite party no.2 submits that since the dispute between the parties has been settled and they have 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, 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 charge-sheet no. 93 of 2022, dated 17.05.2022, summoning order dated 17.09.2022 as well as entire proceedings of S.S.T. No. 763 of 2022, titled as State v. Furkan, arising out of Case Crime No. 125 of 2022, under Sections 452, 354, 323, 506 IPC and Section 7/8 of POCSO Act, P.S. Amroha Dehat, District Amroha, pending in the Court of Additional Sessions Judge/Special Judge (POCSO Act)-I Amroha.

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The instant petition stands allowed , accordingly.

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Order Date :- 30.8.2024 A. Tripathi

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Justice Vinod Diwakar

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Furkan v. State of U.P. and 3 Others

Case brief

What is this about?

What the court decided

Furkan v. State of U.P. and 3 Others

Case brief

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What the court decided

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