BHARAT SINGH @ KARAN SINGH @ HILLA v. STATE OF U.P. AND 2 OTHERS
A482/43788/2024 · 2025-08-11
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111953 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111953 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:137299 Court No. - 77 Case :- APPLICATION U/S 482 No. - 43788 of 2024 Applicant :- Bharat Singh @ Karan Singh @ Hilla Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- Girja Shanker Sen,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for parties. 2. The present application has been filed to quash the entire criminal proceedings of Special Case No.78P of 2017 (State Vs. Bharat Singh @ Karan Singh @ Hilla), arising out of Case Crime No.519 of 2017, under Sections 363, 366 IPC and Section 7/8 POCSO Act, P.S. Ajitmal, District Auraiya, on the basis of compromise, pending in the court of learned Additional District Judge, POCSO Act, Auraiya. 3. At the very outset, learned counsel for applicant submitted that compromise has already been preferred and the same has also been verified by learned court concerned on dated 22.04.2025 which has been appended with this petition, this fact has also been ascertained and seconded by learned counsel for opposite party no.3. 4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and jointly submitted that there would be no harm and error and would be in the interest of justice that the proceedings may be quashed in light of the compromise. 5. A three-Judge Bench of the 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. 6. 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. 7. Keeping in mind the position of law and facts, circumstances of the case, entire criminal proceedings of Special Case No.78P of 2017 (State Vs. Bharat Singh @ Karan Singh @ Hilla), arising out of Case Crime No.519 of 2017, under Sections 363, 366 IPC and Section 7/8 POCSO Act, P.S. Ajitmal, District Auraiya, pending in the court of learned Additional District Judge, POCSO Act, Auraiya, is hereby quashed. 8. Accordingly, the present application stands allowed. 9. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 3 feels that she has been duped or betrayed, then in that event, she may file recall application explaining the reasons for filing the said application. 10. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 12.8.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad