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2025 DAILYLAW 66306 (ALL)

ANKIT KUSHWAHA v. State of U.P. AND ANOTHER

A482/17578/2024 · 2025-08-06

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134073 Court No. - 77 Case :- APPLICATION U/S 482 No. - 17578 of 2024 Applicant :- Ankit Kushwaha Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ajay Sengar, learned counsel for applicant, Ms. Gunjan Yadav, 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 stay and set aside the impugned order dated 16.03.2023 passed by the learned Additional District & Sessions Judge/Special Judge (POCSO Act), Jalaun at Orai and quash the entire proceedings of the Criminal case No.0028 of 2023 (State of uttar Pradesh vs. Ankit Kushwaha), arising out of Case Crime No.0012 of 2023, under Sections 363, 366 Indian penal Code, 1860 and 7/8 Protection of Children from Sexual Offences (POCSO) Act, 2012 at Kotwali Konch, District Jalaun. 3. On the basis of verification report submitted by learned Additional District & Sessions Judge/Special Judge (POCSO Act), Jalaun at Orai on the compromise application dated 4.6.2024, entered between the parties which is available on records, 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 proceeding of SCriminal case No.0028 of 2023 (State of uttar Pradesh vs. Ankit Kushwaha), arising out of Case Crime No.0012 of 2023, under Sections 363, 366 Indian penal Code, 1860 and 7/8 Protection of Children from Sexual Offences (POCSO) Act, 2012 at Kotwali Konch, District Jalaun including charge sheet dated 24.02.2023 as well as cognizance order dated 16.03.2023 passed by learned Additional District & Sessions Judge/Special Judge (POCSO Act), Jalaun at Orai, 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 :- 7.8.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad