Allowed

Anil Giri v. State of U.P. and 3 Others

Allahabad HC3 Jul 2024A482/20985/2024

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings under Sections 354(A), 452 IPC and Sections 7/8 POCSO Act where the parties had amicably settled the dispute and the victim was married. The Court held that continuing the proceedings would be a waste of judicial time given the bleak chances of conviction.

What did the court decide?

Quashing of entire proceedings of S.S.T. No. 216 of 2017.

Anil Giri vs State of U.P. and 3 Others — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:111978

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 20985 of 2024

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Applicant :- Anil Giri Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Himanshu Goswami Counsel for Opposite Party :- G.A.,Vijay Pratap

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Hon'ble Vinod Diwakar,J.

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Heard Shri Himanshu Goswami, learned counsel for the applicant, Shri Vijay Pratap, learned counsel for the opposite party no.2, learned A.G.A. for the State-respondent, and perused the entire record.

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The instant application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of S.S.T. No. 216 of 2017, titled as State v Anil Giri, arising out of Case Crime No. 861 of 2016, under Sections 354(A), 452 IPC and Section 7/8 POCSO Act, Police Station Fefana, District Ballia, pending in the Court of Additional Sessions Judge-VIIIth (POCSO Act), Ballia.

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Learned counsel for the applicant states that opposite party no.2 has compromised with the applicant, the certified copy of compromise has been annexed as Annexure No.11 to the application. The victim has happily married and does not want any interference in matrimonial life.

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On the other hand, learned counsel for opposite party no.2 submits that since the dispute between the parties has been settled and 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

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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 entire proceedings of S.S.T. No. 216 of 2017, titled as State v. Anil Giri, arising out of Case Crime No. 861 of 2016, under Sections 354(A), 452 IPC and Section 7/8 POCSO Act, Police Station Fefana, District Ballia, pending in the Court of Additional Sessions Judge-VIIIth (POCSO Act), Ballia, against the applicant, are hereby quashed.

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The instant petition stands allowed , accordingly.

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Order Date :- 9.7.2024 Imtiyaz

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Justice Vinod Diwakar

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Anil Giri v. State of U.P. and 3 Others

Case brief

What is this about?

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Anil Giri v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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