Court No. - 15
Case :- APPLICATION U/S 482 No. - 17345 of 2016 Applicant :- Radhey Shyam Opposite Party :- State of U.P., and Another Counsel for Applicant :- Surendra Singh Counsel for Opposite Party :- G.A., Ram Adhar Yadav
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Surendra Singh, learned counsel for the applicant, learned A.G.A., for the State and Sri Ram Adhar Yadav, learned counsel appearing for the opposite party No. 2. Perused the record.
This application under Section 482 Cr.P.C., has been filed to quash the proceedings of Criminal Case no. 05 of 2016 (State of U.P. vs. Radhey Shyam) arising out of Case Crime No. 836 of 2015, under Sections 363, 366, 376 IPC and 3/4 Protection of Children Sexual Offences Act, Police Station Loni Border, District Ghaziabad.
Applicant Radhey Shyam and opposite party No.2/informant Tez Pal Sharma have filed joint affidavit with assertion that they have amicably settled the matter and as such, the proceedings of the case in question should be quashed.
From the perusal of the statement of prosecutrix recorded under Section 164 Cr.P.C., it reflects that she is aged about 20 years she gone with the applicant on her own sweet will. It further reflects that there is no allegation of rape against the applicant.
Hon'ble Apex Court in Parbatbhai Aahir @ Parbathbai Bhimsinghbhai Karmur and ors Vs. State of Gujarat and anr reported in (2017) 9 SCC 641 has held as follows:-
"16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice;"
In this case, matter has been settled between the parties, therefore, conviction of the applicant is least possible.
Accordingly, this application under Section 482 Cr.P.C., is allowed and the entire proceedings of Criminal Case no. 05 of 2016 (State of U.P. vs. Radhey Shyam) arising out of Case Crime No. 836 of 2015, under Sections 363, 366, 376 IPC and 3/4 Protection of Children Sexual Offences Act, Police Station Loni Border, District Ghaziabad are hereby quashed.
Order Date :- 28.11.2018 Jaswant