MOHIT @ MOHIT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/6230/2025 · 2025-07-31
Subhash Vidyarthi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 155075 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155075 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44573 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6230 of 2025 Applicant :- Mohit @ Mohit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Vikram Dutt Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Vikram Dutt Pandey, the learned counsel for the applicant, Sri Manish Kumar Pandey, the learned A.G.A appearing on behalf of the State and Sri Alok Kumar Singh, Advocate who has filed his vakalatnama on behalf of the
learned counsel of the opposite party nos.2 and 3. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the entire proceedings of Session Case No. 966 of 2022 titles as "State vs. Mohit" arising out of Case Crime No. 871 of 2017, under Sections 363, 366 I.P.C., P.S. Wazirganj, District Gonda, pending in the Court of learned Additional Sessions Judge/Special Judge, POCSO Act, Gonda, on the ground that the parties have arrived at a settlement. 3. The aforesaid case has been instituted on the basis of an F.I.R lodged by the opposite party no.2 on 08.11.2017, stating that the applicant had enticed away the informant's daughter (opposite party no.3) on 07.11.2017. 4. After investigation, the Investigating Officer has submitted a charge-sheet against the applicant on 16.12.2017. 5. During pendency of the proceedings, the parties have arrived at settlement dated 28.05.2025, stating that the opposite party No.3 and the applicant have got married, they are residing as husband and wife happily and they have been blessed with a son, who is presently aged 3 years. The parties have expressed willingness for closure of the proceedings on the basis of compromise. The genuineness of the compromise has been verified by the trial court. 6. The learned counsel for the opposite party nos. 2 and 3 have supported the factum of compromise and has given their consent for proceedings being quashed on the basis of compromise. 7. 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 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 criminal proceedings would be an exercise in futility. 8.
8. In view of the fact that the parties have settled their dispute by way of compromise arrived at between the parties and the law laid down by the Supreme Court of India, the present petition is allowed and the entire proceedings of Session Case No. 966 of 2022 titles as "State vs. Mohit" arising out of Case Crime No. 871 of 2017, under Sections 363, 366 I.P.C., P.S. Wazirganj, District Gonda, pending in the Court of learned Additional Sessions Judge/Special Judge, POCSO Act, Gonda, is hereby quashed. (Subhash Vidyarthi,J.)
Order Date :- 31.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench