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2025 DAILYLAW 64411 (ALL)

SATPAL v. STATE OF U.P. AND 3 OTHERS

A482/45274/2023 · 2025-08-21

Vikram D Chauhan

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:144830 Court No. - 76 Case :- APPLICATION U/S 482 No. - 45274 of 2023 Applicant :- Satpal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Kant Yadav,Sachchidanand Yadav Counsel for Opposite Party :- G.A.,Ram Shiromani Yadav Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant, Sri Ram Shiromani Yadav, learned counsel for the informant and learned A.G.A. for the State. 2. The present application has been filed by applicant for quashing the impugned charge sheet No.87 of 2022 dated 03.06.2022 in Session Trial No. 101 of 2022 arising out of Case Crime No.48 of 2022 under Sections 363, 366, 376, I.P.C and Section 3/4 of The Protection of Children From Sexual Offences Act, 2012 Police Station Shahzad Nagar, Rampur, pénding in the court of Additional Sessions Judge, Court No.8, Rampur. 3. Learned counsel for the applicant submitted that the compromise has already been entered between the parties on 24.5.2024 and the same has been verified by the court concerned on 29.5.2024, therefore, the present case be finally decided. 4. Learned counsel for informant has not disputed the facts as stated by learned counsel for the applicants. He further contended that informant does not want to proceed with the criminal case against the applicant and the same may be quashed. 5. Learned AGA does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. It is further submitted that he would have no objection in case criminal proceedings are put to an end. He further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings. 6. Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present case had essentially been an outcome of a dispute and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the disputants have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed. 7. It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end. 8. In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter has been mutually settled between the parties in view of the compromise dated 24.5.2024, no useful purpose would be served in proceeding with the matter further. 9. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, the proceedings of the aforesaid case is hereby quashed. 10. The present application under Section 482 Cr.P.C. is, accordingly, allowed. Order Date :- 22.8.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad