RAM SAJIWAN ALIAS BABU v. STATE OF U.P. THRU. SECY. HOME SECTT. LKO AND 3 OTHERS
A482/3027/2024 · 2025-09-09
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130728 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130728 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 3027 of 2024 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the parties and perused the record. 2. The instant application has been filed seeking quashing of the charge- sheet no.10/2022 dated 13.01.2022 and charge order dated 11.04.2022, under Sections 376, 504 and 506 IPC read with Section 3/4 POCSO Act relating to FIR/Case Crime No.0499/2021 lodged at Police Station Fatehpur, District Barabanki and to quash the entire criminal proceedings, arising out of the aforesaid case crime number, pending in the court of learned Additional Sessions Judge (POCSO Act), Court No.46, Barabanki on the ground that the parties have arrived at a compromise/settlement. 3. Learned counsels for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise entered into between the parties has been placed on record as Annexure-7 to the application. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by learned Senior Registrar of this Court vide order dated 20.08.2024 in compliance of the order dated 14.08.2024 passed by this Court in the present application. 4. I have considered the submissions of learned counsel for the parties. 5. Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675 , Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Versus Counsel for Applicant(s) : Arvind Kumar Counsel for Opposite Party(s) : G.A., Ajay Deep Verma Ram Sajiwan Alias Babu .....Applicant(s) State Of U.P. Thru. Secy. Home Sectt. Lko And 3 Others .....Opposite Party(s)
Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility. 6.
In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the instant application is allowed and the entire proceedings, arising out of FIR/Case Crime No.0499/2021 lodged at Police Station Fatehpur, District Barabanki, including the charge-sheet no.10/2022 dated 13.01.2022 and charge order dated 11.04.2022, under Sections 376, 504 and 506 IPC read with Section 3/4 POCSO Act, are hereby quashed. 7. The compromise deed shall be made part of this order. 8. Consign to record. September 9, 2025 MVS/- A482 No. 3027 of 2024 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench