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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29615 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri Jai Singh Parihar, learned counsel for applicant, Sri Shiva Priya Prasad, learned counsel for opposite party no. 2 and learned AGA for the State. 2. Present application has been preferred with a prayer to quash the entire proceedings of Sessions Case No. 180 of 2021 (State Vs. Hariom Kewat), arising out of Case Crime No. 08 of 2021, under sections 363, 354-A, 354-B I.P.C. and Section 9/10 of POCSO Act at P.S. Erich, District Jhansi, pending in the Court of Special Judge (POCSO Act) Jhansi on the basis of compromise dated 17.07.2025. 3. In compliance of earlier order dated 27.08.2025 passed by this Court, compromise verification report has already been received from Special Judge (POCSO Act) Jhansi, and the same is appended to order sheet wherein it is mentioned that compromise has been verified on dated 12.09.2025 in presence of both the parties. 4. Sri Shiv Priya Prasad, learned counsel for opposite party no. 2 and learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicant. 5. From perusal of records, it transpires that the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for the parties and it has been 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. 6. A three-Judge Bench of the Hon'ble 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.
Versus Counsel for Applicant(s) : Jai Singh Parihar Counsel for Opposite Party(s) : G.A., Shiva Priya Prasad Hariom Kewat .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
7. 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. 8. In view of the aforementioned facts and circumstances, the entire proceeding of Sessions Case No. 180 of 2021 (State Vs. Hariom Kewat), arising out of Case Crime No. 08 of 2021, under sections 363, 354-A, 354-B I.P.C. and Section 9/10 of POCSO Act at P.S. Erich, District Jhansi, pending in the Court of Special Judge (POCSO Act) Jhansi, are hereby quashed, only in respect of applicant herein. 9. Accordingly, the present application stands allowed. 10. The parties may file the copy of this order before the court concerned within two weeks from today. (Saurabh Srivastava,J.) October 6, 2025 Vibha Singh NA528 No. 29615 of 2025 2
Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad