NEELAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed seeking to quash the proceedings of Special Sessions Trial No. 71 of 2018 (arising out of Case Crime No. 1888 of 2017 (State v. Neelam and others) under Ss. 363, 366 and 120-B I.P.C. and Sec. 16/17 of the Protection of Children from Sexual Offences Act, 2012, Police Station - Bakhira, District - Sant Kabir Nagar, pending before the Court of the Additional Sessions Judge/Special Judge (POCSO Act), Sant Kabir Nagar.

(2.) The submission of the learned Counsel for the applicant is that a compromise application dtd. 13/12/2023 has been filed, signed by the applicant, the prosecutrix, as also the first informant and her husband, that is to say, the mother and father of the prosecutrix. The case against the applicant is that she along with one Aman, conspired to cause the prosecutrix to elope with one Amiullah. The prosecutrix at the time when she eloped, was aged fifteen years and a student of Class X, reading in the local inter-college. It is true that a compromise application has been filed, which is signed by the informant, the prosecutrix, the prosecutrix's father and also by the applicant, where it is said that the prosecutrix, the informant and her husband do not want to pursue the prosecution any further. The prosecutrix's testimony during trial was recorded, where she testified as P.W. 2 on 10/5/2019. The relevant part of her testimony reads: <IMG>JUDGEMENT_65_LAWS(ALL)4_2023_1.jpg</IMG>

(3.) Now, much after that testimony, the prosecutrix and her parents have moved an application seeking to compromise on 13/12/2022.