SAMSUDDIN AND ANOTHER v. State of U.P. AND 3 OTHERS
A482/38156/2024 · 2025-08-11
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 104830 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104830 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:137285 Court No. - 77 Case :- APPLICATION U/S 482 No. - 38156 of 2024 Applicant :- Samsuddin And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Prasad Dubey Counsel for Opposite Party :- Manoj Kumar Singh,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Ram Prasad Dubey, learned counsel for applicants, Sri Manoj Kumar Singh, learned counsel for opposite party no. 2 and learned AGA for the State. 2. Present application u/s 482 Cr.P.C has been preferred with a prayer to quash the entire proceeding of Session Trial no. 37 of 2017 pending in court of Special Judge, POCSO Act, Kushinagar (At Padrauna) (State of U.P. vs. Samsuddin and others) in Case Crime no. 371 of 2017 under sections 354, 323, 504 IPC and 7/8 POCSO, PS- Nebuwa Navrangiya, District Kushinagar. 3. In compliance of earlier order dated 18.12.2024 passed by co- ordinate Bench of this Court, compromise verification report has already been received from learned Additional Sessions Judge/ Special Judge, POCSO Act, Kushinagar at Padrauna and the same is marked as Flag 'A' wherein it is mentioned that compromise has been verified on dated 07.01.2025 in presence of both the parties. 4. Sri Manoj Kumar Singh, learned counsel for opposite party no. 2 and learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicant. 5. From perusal of records, it transpires that the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for the parties and it has been submitted that there would be no harm and error and it would be in the interest of justice that the proceedings may be quashed in light of the compromise.
6.A three-Judge Bench of the Hon'ble Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed in para 58 of the said judgment that where the High Court quashes a criminal proceeding having regard to the fact that
the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor. 7. In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has also observed that where matters are also of civil nature i.e. matrimonial, family disputes, etc. the Court may consider
"special facts", "special feature" and quash the criminal proceeding to encourage genuine settlement of disputes between the parties. 8. In view of the aforementioned facts and circumstances, the entire proceeding of Session Trial no. 37 of 2017 pending in court of Special Judge, POCSO Act, Kushinagar (At Padrauna) (State of U.P. vs. Samsuddin and others) in Case Crime no. 371 of 2017 under sections 354, 323, 504 IPC and 7/8 POCSO, PS- Nebuwa Navrangiya, District Kushinagar, are hereby quashed, only in respect of applicants herein namely Samsuddin and Nooruddin. 9. Accordingly, the present application under Section 482 of the Code stands allowed. 10. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 12.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad