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2025 DAILYLAW 55065 (ALL)

RINKU SAINI v. STATE OF U.P. AND ANOTHER

A482/13778/2024 · 2025-04-07

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52149 Court No. - 74 Case :- APPLICATION U/S 482 No. - 13778 of 2024 Applicant :- Rinku Saini Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- Abhishek Singh,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Sanjay Singh learned counsel for applicant, Sri Abhishek Singh, 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 quash the entire proceeding originated upon a charge sheet dated 27.3.2022 as well as summoning order dated 28.4.2022 in Case crime no. 37 of 2022 (State vs. Rinku Saini and others) under Sections 363, 366, 376 IPC and Section 5(L)/6 of the POCSO Act, Police Station Azeem Nagar, District Rampur pending in the Court of ASJ-8/POCSO, Rampur. 3. On the basis of verification report submitted by learned Additional District and Sessions Judge, Pocso Act, Rampur on the compromise application dated 30.3.2024, entered between the parties, which is available on record, 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. 4.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. 5. 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. 6. In view of the aforementioned facts and circumstances, the entire proceedings originated upon a charge sheet dated 27.3.2022 as well as summoning order dated 28.4.2022 in Case crime no. 37 of 2022 (State vs. Rinku Saini and others) under Sections 363, 366, 376 IPC and Section 5(L)/6 of the POCSO Act, Police Station Azeem Nagar, District Rampur pending in the Court of ASJ- 8/POCSO, Rampur, are hereby quashed. 7. Accordingly, the present application under Section 482 of the Code stands allowed. 8. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 8.4.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad