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2025 DAILYLAW 58472 (ALL)

UMAKANT NISHAD @ UMAKANT NAGAR v. STATE OF U.P. AND 3 OTHERS

NA528/18088/2025 · 2025-08-18

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142443 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 18088 of 2025 Applicant :- Umakant Nishad @ Umakant Nagar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohammad Fateh Counsel for Opposite Party :- Bhanu Pratap Pal,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Mohammad Fateh, learned counsel for applicant, Sri Bhanu Pratap Pal, learned counsel for opposite party no. 4 and learned AGA for the State. 2. Present application has been preferred with a prayer to quash the charge sheet dated 26.08.2023 in Sessions Trial no. 14 of 2025 (State vs. Umakant Nishad) arising out of Case Crime no. 131 of 2023 under sections 354B, 506 IPC and 7/8 POCSO act, & 67A I.T. Act, PS- Zafrabad, District Jaunpur pending before Additional Sessions Judge/Special Judge, POCSO Act, Jaunpur. 3. In compliance of earlier order dated 21.5.2025 passed by this Court, verification report has already been received from learned Additional District and Session Judge/Special Judge, POCSO Act, Jaunpur and the same is appended to order sheet wherein it is mentioned that joint affidavit filed by both the parties have been verified by learned court concerned wherein they have stated that victim and applicant are living happy married life and they do not want to pursue the criminal litigation filed by them and the same be quashed. 4. Sri Bhanu Pratap Pal, learned counsel for opposite party no. 4 and learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicant. 5. From perusal of records, it transpires that the parties have amicably settled their dispute and it has been 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 verification report. 6. 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. 7. 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. 8. In view of the aforementioned facts and circumstances, the entire proceeding of Sessions Trial no. 14 of 2025 (State vs. Umakant Nishad) arising out of Case Crime no. 131 of 2023 under sections 354B, 506 IPC and 7/8 POCSO act, & 67A I.T. Act, PS- Zafrabad, District Jaunpur, are hereby quashed, only in respect of applicant herein. 9. Accordingly, the present application stands allowed. 10. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 19.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad