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2025 DAILYLAW 69747 (ALL)

SMT JAREENA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

A482/21355/2024 · 2025-07-21

Saurabh Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:119729 Court No. - 77 Case :- APPLICATION U/S 482 No. - 21355 of 2024 Applicant :- Smt Jareena And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dinesh Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Dinesh Singh Yadav, learned counsel for applicants 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 proceedings of Session Trial No.11 of 2017, State vs. Smt. Jareena and another, arising out of Case Crime no.517 of 2015 under Sections 363, 366, 368 IPC and 8 POCSO Act, Police Station Baghpat, District Baghpat including charge sheet dated 09.04.2016 as well as cognizance order dated 04.03.2017 passed by learned Additional Sessions Judge/Special Judge POCSO Act, Baghpat. 3. Learned counsel for applicants submitted that the parties had entered into out of court compromise on 11.04.2025 and the same has also been verified by learned Additional District & Sessions Judge, Exclusive Judge (POCSO) Act, Baghpat, vide order dated 11.04.2025 which is supplied and available in the petition. 4. 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. 5. 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. 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. In view of the aforementioned facts and circumstances, entire proceedings of Session Trial No.11 of 2017, State vs. Smt. Jareena and another, arising out of Case Crime no.517 of 2015 under Sections 363, 366, 368 IPC and 8 POCSO Act, Police Station Baghpat, District Baghpat including charge sheet dated 09.04.2016 as well as cognizance order dated 04.03.2017 passed by learned Additional Sessions Judge/Special Judge POCSO Act, Baghpat are hereby quashed. 8. Accordingly, the present petition stands allowed. 9. The parties may file the copy of this order before the court concerned. Order Date :- 22.7.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad