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2025 DAILYLAW 24757 (ALL)

BALIRAM RAJBHAR v. State of UP AND ANOTHER

A482/4957/2024 · 2025-03-17

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38720 Court No. - 74 Case :- APPLICATION U/S 482 No. - 4957 of 2024 Applicant :- Baliram Rajbhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hanuman Deen Verma Counsel for Opposite Party :- G.A.,Santosh Kumar Verma Hon'ble Saurabh Srivastava,J. 1. Heard Sri Hanuman Deen Verma learned counsel for applicant, Sri Santosh Kumar Verma, learned counsel for opposite party no. 2 and learned AGA for State. 2. Present application u/s 482 Cr.P.C has been preferred with a prayer to allow the instant application and stay and quash the Special Session Trial No.304 of 2018, State vs. Baliram Rajbhar (arising out of Case Crime no.139 of 2018) under Sections 354, 452, 506 IPC and 7/8 POCSO Act, Police Station Mahuli, District Sant Kabir Nagar including charge sheet dated 19.05.2018 as well as cognizance order dated 3.8.2018 passed by Additional Sessions Judge/FTC IInd, Sant Kabir Nagar. 3. On the basis of verification report submitted by learned Special Judge (POCSO Act), Sant Kabir Nagar on the compromise application dated 1.2.2024, entered between the parties which has been appended along with the supplementary affidavit dated 24.04.2024 available at page no. 7 as Annexure no. SA1. 4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and it has been jointly 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. 5.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. 6. 6. 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. 7. In view of the aforementioned facts and circumstances, the entire proceeding of Special Session Trial No.304 of 2018, State vs. Baliram Rajbhar (arising out of Case Crime no.139 of 2018) under Sections 354, 452, 506 IPC and 7/8 POCSO Act, Police Station Mahuli, District Sant Kabir Nagar including charge sheet dated 19.05.2018 as well as cognizance order dated 3.8.2018 passed by Additional Sessions Judge/FTC IInd, Sant Kabir Nagar, are hereby quashed. 8. Accordingly, the present application under Section 482 of the Code stands allowed. 9. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 18.3.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad