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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 44704 of 2024 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri Ashok Kumar Yadav learned counsel for applicant, Sri Radheshyam Yadav, 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 proceedings of S.T. No.161 of 2022 arising out of Case Crime no.34 of 2022, under Sections 452, 354, 307 IPC and Section 7/8 of POCSO Act, Police Station Khadda, District Kushinagar (State vs. Shailendra Yadav) pending in the court of Additional District & Sessions Judge/Special Judge (POCSO), Kushinagar at Padrauna as well as the charge sheet dated 13.03.2022 in the aforesaid case in pursuance of compromise dated 19.09.2024. 3. On the basis of verification report submitted by learned Special Judge (POCSO Act)/Additional Sessions Judge, Kushinagar at Padrauna on the compromise application dated 07.04.2025, entered between the parties on 19.09.2024 which is available on 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 Versus Counsel for Applicant(s) : Ashok Kumar Yadav Counsel for Opposite Party(s) : G.A., Radheshyam Yadav Shailendra Yadav .....Applicant(s) State Of U.P. And Another .....Opposite Party(s)
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.
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 S.T. No.161 of 2022 arising out of Case Crime no.34 of 2022, under Sections 452, 354, 307 IPC and Section 7/8 of POCSO Act, Police Station Khadda, District Kushinagar (State vs. Shailendra Yadav) pending in the court of Additional District & Sessions Judge/Special Judge (POCSO), Kushinagar at Padrauna as well as the charge sheet dated 13.03.2022 in the aforesaid case in pursuance of compromise dated 19.09.2024, are hereby quashed. 7. Accordingly, the present application under Section 482 Cr.P.C of the Code stands allowed. 8. The parties may file the copy of this order before the court concerned within two weeks from today. September 8, 2025 Rakesh A482 No. 44704 of 2024 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad