JAIKI @ JAIKI KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/14805/2025 · 2025-05-26
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50380 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50380 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:90535 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 14805 of 2025 Applicant :- Jaiki @ Jaiki Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard Shri Vivek Sharma, learned counsel for the applicants; Shri Praveen Kumar, learned counsel for the complainant, the learned A.G.A. for the State-respondent, and perused the material available on record. 2. The present application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheets dated 12.03.2015 and 13.02.2015, the cognizance order dated 20.04.2015, as well as the entire proceedings of Sessions Trial No. 209 of 2014, State v. Amit and Another, arising out of Case Crime No. 502-C of 2014, under Sections 452, 376(D), and 506 IPC, Police Station Didauli, District Amroha, pending before the Court of the learned Additional Sessions Judge/Fast Track Court-I, Amroha, on the ground of a compromise entered into between the parties. 3. Learned counsel for the applicants submits that the applicants and the victim are closely related- the victim being the 'Chachi' and 'Mausi' of the applicants. It is stated that the incident stemmed from a family dispute, which has now been amicably resolved. A compromise affidavit evidencing the settlement has been filed as Annexure-3 to the application. It is further submitted that the victim has voluntarily entered into the compromise and has no objection to the quashing of the criminal proceedings. 4. Shri Praveen Kumar, learned counsel for the complainant, concurs with the submissions advanced on behalf of the applicants and states that, in view of the amicable settlement, he has no objection if the proceedings are quashed. 5. It is a settled principle of law that in appropriate cases, where the dispute is essentially of a private and personal nature, the High Court may, in exercise of its inherent powers under Section 482 Cr.P.C., quash criminal proceedings where the parties have amicably resolved their differences. In this regard, reference may be made to the judgments of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303 and Narinder Singh v. State of Punjab, (2014) 6 SCC 466. 6. It is true that the offence under Section 376(D) IPC is of a serious and non-compoundable nature, involving allegations of gang rape.
However, the peculiar facts and circumstances of the present case indicate that the victim is closely related to the applicants, and the dispute appears to have arisen out of intra- family discord rather than any act that affects public order and societal morality. The victim, being a competent adult, has consciously and voluntarily entered into the compromise, and in the given circumstances, continuation of the prosecution would not subserve the ends of justice. Rather, it would amount to an abuse of the process of the Court. 7. In view of the exceptional circumstances of the case and in the broader interest of justice, this Court is of the considered opinion that the continuation of the criminal proceedings against the applicants would serve no useful purpose and would result in an unnecessary burden on the judicial process. 8. Accordingly, the application is allowed. The charge sheets dated 12.03.2015 and 13.02.2015, the cognizance order dated 20.04.2015, as well as the entire proceedings of Sessions Trial No. 209 of 2014, State v. Amit and Another, arising out of Case Crime No. 502-C of 2014, under Sections 452, 376(D), and 506 IPC, Police Station Didauli, District Amroha, pending before the Court of the learned Additional Sessions Judge/Fast Track Court-I, Amroha, are hereby quashed. Order Date :- 27.5.2025 Anil K. Sharma Vinod Diwakar, J. Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad