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2025 DAILYLAW 15242 (ALL)

X COMPLAINANT v. STATE OF U.P. AND 3 OTHERS

A482/4367/2025 · 2025-03-18

Vikas Budhwar

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:39918 Court No. - 73 Case :- APPLICATION U/S 482 No. - 4367 of 2025 Applicant :- X Complainant Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Neetu Singh Counsel for Opposite Party :- G.A.,Kapil Tyagi Hon'ble Vikas Budhwar,J. 1. Heard Ms. Neetu Singh, learned counsel for the applicant and Sri S.P. Singh learned State Law Officer for the State as well as Shri Kapil Tyagi, counsel for opposite party no. 2. 2. The applicant had earlier approached this Court while filing of Application U/S 482 No. 38145 of 2024, in which on 18.12.2024, the following orders were passed: "1. Heard Sri Amit Kumar, Advocate holding brief of Ms. Neetu Singh, learned counsel for applicant, Sri Kapil Tyagi, learned counsel for opposite party no.2 and Ms. Harshita Rani, learned A.G.A. for the State. 2. The instant application has been moved on behalf of the applicant to quash the summoning order dated 09.02.2021 and order dated 29.04.2024 as well as entire proceedings of Complaint Case No.470 of 2019 (Special Case No.437 of 2022) (Taran Sachdeva Vs. Rakesh Sachdeva and others), arising out of Misc. Application No.512 of 2019, under Sections 354, 323, 509 IPC and Section 7/8 POCSO Act, Police Station Kasana, District Gautam Budh Nagar, pending in the court of Additional District and Sessions Judge (POCSO Act), Court No.1, Gautam Budh Nagar. 3. Contention of learned counsel for applicant is that applicant is wife of opposite party no.2 and because of matrimonial discord between them has culminated into impugned proceeding. It is further submitted that several other cases have been filed by opposite party no.2. Now, applicant as well as opposite party no.2 have entered into compromise and decided to live separately and it was decided that both the children will remain with the applicant. It is further submitted that the written compromise dated 06.01.2024 has also been filed before the court of Additional District and Sessions Judge (POCSO Act), Court No.1, Gautam Budh Nagar. 4. Per contra, learned AGA has submitted that aforesaid compromise has yet to be verified by the court below. 5. Considering the aforesaid submissions and on perusal of record, it appears that basically there was a matrimonial dispute between applicant and opposite party no.2 and the parties exaggerated the allegations and applicant lodged the impugned complaint. However, considering the statement of applicant and victim, it appears that the impugned complaint has been lodged on the basis of vague allegations, which does not inspire confidence, however, compromise has been entered into between the parties. 6. In view of the above, present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties, within a period of one month. 7. The aforesaid exercise of verification shall be completed within a period of one month and for a period of one month, no coercive action shall be taken against opposite party no.2 in the aforesaid case. 8. It is further provided that the parties will be at liberty to file a fresh application under Section 482 Cr.P.C. to quash the impugned proceeding on the basis of verified copy of compromise, if need arises." 3. Annexure-9 page 61 happens to be an order dated 02.01.2025 of the Additional District Judge/ Special Judge, POCSO Act (First), Gautam Budh Nagar verifying the compromise between the parties. Reference has been made in para-13 of the application. 4. Learned counsel for the applicant submits that once the compromise stood entered into between the parties then the same stands verified thus there is no occasion to proceed with the case. 5. Learned State Law officer as well as Shri Kapil Tyagi, counsel for opposite party no. 2 on the other hand have no objection to the same. 6. Considering the fact that the parties have entered into compromise then the same stands verified by the Court below, thus, it deems it fit to appropriate to allow the present application while quashing the proceedings of summoning order dated 09.02.2021 and order dated 29.04.2024 as well as entire proceedings of Complaint Case No.470 of 2019 (Special Case No.437 of 2022) (Taran Sachdeva Vs. Rakesh Sachdeva and others), arising out of Misc. Application No.512 of 2019, under Sections 354, 323, 509 IPC and Section 7/8 POCSO Act, Police Station Kasana, District Gautam Budh Nagar, pending in the court of Additional District and Sessions Judge (POCSO Act), Court No.1, Gautam Budh Nagar. 7. Accordingly, the present application U/S 482 stands allowed. Order Date :- 19.3.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad