Allahabad High Court
Kishan Pandey vs State Of U.P. And 3 Others on 1 July, 2022
Bench: Suneet Kumar, Syed Waiz Mian
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 6818 of 2022
Petitioner :- Kishan Pandey
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Prashant Pandey,Pradeep Pandey
Counsel for Respondent :- G.A.,Dharm Vir Singh
Hon'ble Suneet Kumar,J.
Hon'ble Syed Waiz Mian,J.
Heard learned counsel for the petitioner, learned A.G.A. as well as Sri Dharm Vir Singh, learned counsel has put in appearance on behalf of the informant and perused the record.
This petition filed for quashing FIR dated 06.04.2022 registered as Case Crime NO.112 of 2022, under Sections 376, 452, 506 IPC, Police Station Mughal Sarai, District Chandauli and further prayer not to arrest the petitioner pursuant to the aforesaid case.
The facts as stated in the petition are that the prosecutrix and the petitioner were having friendly relations. It is alleged that the prosecutrix and the petitioner become friends and fell in love with each other and intend to marry. It is alleged that the petitioner had physical relationship with the prosecutrix and after denying to solemnize marriage the prosecutrix lodged the present FIR. The prosecutrix and the petitioner are major and have resolved their all disputes and they solemnized their marriage on 20.04.2022 at Sarnath Prachin Shiv Mandir, Sarnath, Varanasi according to Hindu Rites and ceremonies and their marriage has also been registered on 26.04.2022 (Annexure 3 to the Writ Petition). The petitioner prays for quashing of the FIR on the ground that the prosecutrix and the petitioner have got married.
A short counter affidavit has also been filed on behalf of the informant in which, it is stated that the prosecutrix and the petitioner/accused have married with each other and are enjoying a happy married life and that the FIR was the outcome of some misunderstanding between the parties.
Learned counsel for the petitioners in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012)10 SCC 303 and has submitted that the petitioner and respondent no. 4 have happily married as such respondent no. 4 does not want to press the present case against the petitioner.
In this regard the view taken by the Apex court in the case of B.S. Joshi (supra) and Gian Singh versus State Of Punjab (supra) which has been relied upon by the learned counsel for the petitioner finds force that this court can quash the proceeding as the dispute have been amicably settled between the parties.
Hence, considering the facts and circumstances of the case and nature of offence the proceeding of the aforesaid case is hereby quashed.
It is made clear that respondent no. 4, if have any grievance against this order, she may move an appropriate application within three months from today.
The writ petition stands allowed.
Order Date :- 1.7.2022
Shivangi
