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Dr. Jitendra Kumar Vishnoi vs State Of Up And 2 Ors on 25 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 69

Case :- APPLICATION U/S 482 No. – 34943 of 2019

Applicant :- Dr. Jitendra Kumar Vishnoi

Opposite Party :- State Of Up And 2 Ors

Counsel for Applicant :- Amit Rana

Counsel for Opposite Party :- G.A.

Hon’ble Vivek Kumar Singh,J.

Short counter affidavit filed on behalf of opposite party no. 2, is taken on record.

Heard Sri Amit Rana, learned counsel for applicant, Sri Rajesh Verma, learned counsel for opposite party and Sri Sanjay Singh, learned A.G.A.-I for the State-respondent.

The present 482 application has been filed for quashing the entire proceeding in Special Session Trial No. 80087 of 2018 arising out of Case Crime No. 113 of 2018, under Sectionsection 354 IPC and 7/8 POCSO Act, Police Station Nagina Dehat, District Bijnor.

The contention of learned counsel on behalf of applicant submits that both the parties settled their matter with a compromise and filed their compromise before the concerned court. A copy of compromise dated 14.08.2019 and certified copy issued by the concerned court are collectively annexed as Annexure No. 04 to the affidavit filed in support of present application.

Sri Rajesh Verma, learned counsel for Opposite Party No.2 does not dispute the authenticity/correctness of the compromise and has drawn the attention of this Court towards the short counter affidavit dated 22.09.2019 wherein in paragraph no.4 it has been stated that applicant and the opposite party no.2 have entered into a compromise and have amicably settled their dispute.

There is no reason why the aforesaid proposition would not hold good in the instant case as the parties have buried their hatchet under a compromise dated 14.08.2019 and certified copy issued by the concerned court are collectively annexed as Annexure No. 04 to the affidavit filed in support of present application, authenticity of which is not disputed. The offence is neither heinous nor it involved any moral turpitude, dispute if any was personal, which has now been amicably settled. In view of aforesaid compromise, conviction is ruled out, prosecution of the applicants would be an abuse of the process of the Court, which is liable to be quashed.

The application is accordingly, allowed.

The entire proceeding in Special Session Trial No. 80087 of 2018 arising out of Case Crime No. 113 of 2018, under Sectionsection 354 IPC and 7/8 POCSO Act, Police Station Nagina Dehat, District Bijnor, are hereby quashed.

Order Date :- 25.9.2019

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