Rakesh Chaudhary vs State Of U.P. And Another
2022 Latest Caselaw 16265 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 4119 of 2022
 

 
Applicant :- Rakesh Chaudhary
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Pradeep Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

The applicant is an accused under Sections 363, 366, 376 I.P.C. and 3/4 of POCSO Act and the applicant was facing trial when the F.I.R. was lodged on 18.03.2018 and charge sheet thereupon was filed on 22.05.2018.

Sri Pradeep Kumar, learned counsel for applicant and Sri Piyush Patel, learned counsel for opposite party No.2 submit that presently accused and victim (now a major girl aged about 22 years) are residing as husband and wife and a baby girl was also born out of their relationship. The opposite party No.2 i.e. father of victim, applicant and victim along with baby girl are present before this Court today.

The complainant/father of victim has made a specific statement before this Court that he is happy with the marriage of his daughter with applicant and he does not want to pursue this case.

Considering the above statement and that presently the victim is aged about 22 years and applicant is aged about 24 years, therefore, at this stage, it would not be in the interest of justice as well as their families that the parties may face trial. There is no dispute when the offence was committed, the victim was a minor girl, however, considering the subsequent events and statement given by her father as well as the family consisted of applicant, victim and their baby girl as well as taking note of judgment of Supreme Court in the case of State of Madhya Pradesh vs. Laxmi Narayan and others, (2019) 5 SCC 688 and Jatin Agarwal vs. State of Telangana and another, Criminal Appeal No. 456 of 2022 decided on 21.03.2022, while exercising the inherent jurisdiction of this Court, the entire proceedings of Special Trial No. 504 of 2019 (State vs. Rakesh Chaudhary) arising out of Case Crime No. 84 of 2018 under Sections 363, 366, 376 I.P.C. and 3/4 of POCSO Act, Police Station- Shyamdeorwan, District- Maharajganj, pending before Special Judge (POCSO Act)/ Additional Sessions Judge, Maharajganj are hereby quashed.

Accordingly, application stands allowed.

A copy of this order be sent to the Court concerned through Registrar (Compliance) forthwith.

Order Date :- 9.11.2022

Nirmal Sinha