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2025 DAILYLAW 40772 (ALL)

VIMLESH GUPTA v. STATE OF U.P. AND 3 OTHERS

NA528/12284/2025 · 2025-05-20

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85587 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 12284 of 2025 Applicant :- Vimlesh Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- Shivam Singh,G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant as well as the learned A.G.A. appearing for the State-respondent. 2. The present application has been filed under Section 528 of the B.N.S.S., seeking quashing of the charge-sheet dated 22.09.2020, the cognizance/summoning order dated 28.09.2020, and the entire proceedings of Special Sessions Trial No. 612 of 2020, titled State v. Mohit and Another, arising out of Case Crime No. 98 of 2020, registered under Sections 376-D, 504, and 506 of the Indian Penal Code, 1860 (I.P.C.); Sections 3/4 of the POCSO Act; and Sections 3(2)(v) and 3(2)(va) of the SC/ST Act, at Police Station Asothar, District Fatehpur, which is presently pending before the Court of Additional Sessions Judge/Special Judge (POCSO Act), Fatehpur. 3. On the previous date of hearing, i.e., 22.04.2025, the coordinate Bench of this Court directed the parties to appear before the trial court and granted liberty to file a duly executed compromise deed along with an appropriate application for verification. The trial court was further directed to verify the said compromise after ensuring the presence of all concerned parties. In compliance with the said order, a report has been submitted by the learned Additional Sessions Judge/Special Judge (POCSO Act), Fatehpur. 4. Upon perusal of the said report, it appears that the victim has solemnized marriage with the applicant and both are now residing together amicably. 5. Considering the amicable settlement of the dispute between the parties through marriage, and in view of the principles laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab; (2012) 10 SCC 303 and Narinder Singh v. State of Punjab; (2014) 6 SCC 466, which permit quashing of criminal proceedings in cases involving matrimonial or similar nature of disputes upon mutual settlement, this Court deems it appropriate to exercise its inherent jurisdiction under Section 528 of B.N.S.S. 6. In view of the above, the entire proceedings of Special Sessions Trial No. 612 of 2020, titled State v. Mohit and Another, arising out of Case Crime No. 98 of 2020, under Sections 376-D, 504, 506 I.P.C.; Sections 3/4 of the POCSO Act; and Sections 3(2)(v) and 3(2)(va) of the SC/ST Act, registered at Police Station Asothar, District Fatehpur, are hereby quashed. 7. The application is accordingly allowed. Order Date :- 21.5.2025 Shafique Vinod Diwakar, J. Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad