CHETAN SINGH AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
NA528/7737/2025 · 2025-05-27
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20057 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20057 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:91504 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7737 of 2025 Applicant :- Chetan Singh And Another Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Chandan Singh Counsel for Opposite Party :- G.A.,Vijay Kumar Hon'ble Vinod Diwakar,J.
1. Supplementary affidavit, filed by the learned counsel for the applicants, is taken on record. 2. Heard Mr. Chandan Singh, learned counsel for the applicants, Mr. Yogendra Gupta, Advocate holding brief of Mr. Vijay Kumar, learned counsel for the complainant and learned A.G.A. for the State. 3. This application under Section 528 B.N.S.S. has been filed with a prayer to quash the entire proceedings of S.S.T. No.91 of 2019 (State v.Prempal & others), arising out of Case Crime No.548 of 2018, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act against the applicant no.1 and under Sections 363 and 366 I.P.C. against the applicant no.2, Police Station Atrauli, District Aligarh, pending in the Court of Additional District and Sessions Judge, POCSO Court No.1, Aligarh, on the basis of a compromise. 4. Learned counsel for the applicants submits that the instant application has been filed on the basis of compromise entered into between the parties. He submits that applicant no.1 has solemnized marriage on 25.12.2020 with opposite party no.5
and placed reliance upon a certificate of registration of marriage dated 22.05.2025 annexed as Annexure No.SA-1 filed by way of supplementary affidavit on 28.05.2025. It is further submitted that since parties have settled the dispute, opposite party no.5 does not want to proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending. 5. The same fact has not been disputed by Mr. Yogendra Gupta, Advocate holding brief of Mr. Vijay Kumar, learned counsel for the complainant and learned AGA, therefore, the proceedings of the aforesaid case pending before the trial court be quashed. 6. I have considered the submissions made by the learned counsel for the parties, and have gone through the entire record. 7. Since the dispute between the parties has been amicably settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak. 8.
In such circumstances, the entire proceedings of proceedings of S.S.T. No.91 of 2019 (State v.Prempal & others), arising out of Case Crime No.548 of 2018, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act against the applicant no.1 and under Sections 363 and 366 I.P.C. against the applicant no.2, Police Station Atrauli, District Aligarh, pending in the Court of Additional District
and Sessions Judge, POCSO Court No.1, Aligarh, are hereby quashed. 9. In view of the statement made by learned counsel for the applicants, the instant application stands allowed, accordingly. Order Date :- 28.5.2025 A.N. Mishra (Vinod Diwakar,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad