Allowed

Bobi and 3 Others v. State of U.P. though it Principal Secretary and 3 Others

Allahabad HC30 Aug 2024A482/3567/2024

Case brief

AI extract

What is this about?

Application under Section 482 CPC to quash a charge sheet and cognizance order in a pending Sessions trial for offences under IPC Sections 323, 324, 354, 506 and Sections 7/8 POCSO Act. The parties had compromised out of court, and the compromise was verified by the trial court. Finding no fruitful purpose in continuing the trial, the High Court quashed the charge sheet, cognizance order and entir

What the court decided

AI extract

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

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Neutral Citation No. - 2024:AHC:140946

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 3567 of 2024

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Applicant :- Bobi And 3 Others Opposite Party :- State Of U.P. Though It Principal Secretary And 3 Others Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicants, 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 13.12.2018 and cognizance dated 18.01.2019 passed by learned Sessions Judge as well as entire proceedings of Special Session Trial No. 18/9 of 2019, tilted as State vs. Bobi and others, arising out of Case Crime No. 1329 of 2018, under Sections 323, 324, 354, 506 IPC and 7/8 of the Protection of Children From Sexual Offences, Act, 2012, P.S. Kotwali Nagar, District Muzaffar Nagar, pending in the court of learned Additional District Judge, Court No. 8, Muzaffar Nagar 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 02.01.2023. 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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On perusal of record, it transpires that the parties have settled their dispute amicably out of the Court, and in compliance of the order of this Court dated 04.03.2024, the aforesaid compromise has been verified by the trial court. On examination of the compromise deed, it's revealed that the dispute between the parties have been amicably settled, and the opposite party no.2 does not want to pursue further with the trial and has given his agreement that he 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 impugned charge sheet dated 13.12.2018 and cognizance order dated 18.01.2019 passed by learned Sessions Judge as well as entire proceedings of Special Session Trial No. 18/9 of 2019, tilted as State vs. Bobi and others, arising out of Case Crime No. 1329 of 2018, under Sections 323, 324, 354, 506 IPC and 7/8 of the Protection of Children From Sexual Offences, Act, 2012, P.S. Kotwali Nagar, District Muzaffar Nagar, against the applicants, are hereby quashed.

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The instant petition stands allowed, accordingly.

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Order Date :- 30.8.2024

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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

Bobi and 3 Others v. State of U.P. though it Principal Secretary and 3 Others

Case brief

What is this about?

What the court decided

Bobi and 3 Others v. State of U.P. though it Principal Secretary and 3 Others

Case brief

What is this about?

What the court decided

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