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2025 DAILYLAW 51178 (ALL)

X MINOR v. STATE OF U.P. AND 3 OTHERS

NA528/15826/2025 · 2025-08-18

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142591 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 15826 of 2025 Applicant :- X Minor Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd. Naushad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The present application has been filed to quash the impugned charge-sheet no.232 of 2023 dated 28.07.2023, cognizance/summoning order dated 02.01.2025 passed by Juvenile Justice Board, Shamli in Case No.12/9 of 2025 (State vs. Sharukh @ Farukh) arising out of Case Crime No.269 of 2023, under section 354ka I.P.C. and sections 7/8 POCSO Act, P.S. Jhinjhana, District- Shamli as well as to quash the entire proceedings of above-mentioned case pending before learned court of Juvenile Justice Board, Shamli. 3. At the very outset, learned counsel for applicant submitted that compromise has already been preferred and the same has also been verified by learned Principal Magistrate, Juvenile Justice Board, Shamli on dated 02.07.2025, which is available in the records, this fact has also been ascertained and seconded by learned counsel for opposite parties. 4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and jointly submitted that there would be no harm and error and 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 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. 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. Keeping in mind the position of law and facts, circumstances of the case, impugned charge-sheet no.232 of 2023 dated 28.07.2023, cognizance/summoning order dated 02.01.2025 passed by Juvenile Justice Board, Shamli in Case No.12/9 of 2025 (State vs. Sharukh @ Farukh) arising out of Case Crime No.269 of 2023, under section 354ka I.P.C. and sections 7/8 POCSO Act, P.S. Jhinjhana, District- Shamli and the entire proceedings of above-mentioned case, are hereby quashed. 8. Accordingly, the present application stands allowed. 9. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no.4 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. 10. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 19.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad