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Neutral Citation No. - 2025:AHC:145341 Court No. - 77 Case :- APPLICATION U/S 482 No. - 42871 of 2024 Applicant :- Shahnavaj Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.,Manoj Singh Hon'ble Saurabh Srivastava,J.
1. Heard Sri J.B.Singh, learned counsel for applicant, Sri Manoj Kumar Pandey holding brief of Shri Manoj Singh,
learned counsel for opposite party no. 2 and learned AGA for State. 2. Present application u/s 482 Cr.P.C has been preferred with a prayer to allow the instant application and stay and quash the entire proceeding of Case No.281 of 2019, (State vs. Shahnavaj), arising out of Case Crime no.389 of 2017 under Sections 354 IPC and 7/8 POCSO Act, Police Station Bramhpuri, District Meerut as well as impugned charge sheet dated 22.09.2017 submitted against the applicant on the basis of compromise dated 25.11.2024. 3. On the basis of verification report submitted by learned Additional District & Sessions Judge/Special Judge (POCSO Act), Court No.2, Meerut on the compromise application dated 25.11.2024, entered between the parties which is available in records, the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and it has been jointly 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. 4.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. 5. 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. 6.
In view of the aforementioned facts and circumstances, the entire proceeding of Case No.281 of 2019, (State vs. Shahnavaj), arising out of Case Crime no.389 of 2017 under Sections 354 IPC and 7/8 POCSO Act, Police Station Bramhpuri, District Meerut as well as impugned charge sheet dated 22.09.2017 submitted against the applicant on the basis of compromise dated 25.11.2024 pending before Special Judge POCSO Act, Court No.2, Mweerut, are hereby quashed. 7. Accordingly, the present application under Section 482 of the Code stands allowed. 8. The parties may file the copy of this order before the court concerned within two weeks from today.
Order Date :- 22.8.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad