Smt. Prachi Dixit @ Preeti And ... vs State Of U.P. And 3 Others
2023 Latest Caselaw 12047 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 27601 of 2022
 

 
Applicant :- Smt. Prachi Dixit @ Preeti And Another
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Jitendra Rpasad Kushwaha,Jitendra Rpasad Kushwaha,Nikhil Shukla
 
Counsel for Opposite Party :- G.A.,Prashant Saxena
 

 
Hon'ble Shekhar Kumar Yadav,J.

Joint affidavit filed on behalf of the applicants is today in the Court, the same is taken on record.

In pursuance of the order dated 12.04.2023, the applicant, Smt. Prachi Dixit and Ashish Kumar, wife of husband are present before this Court.

Learned counsel for the applicants has submitted that the applicants have solemnized marriage with each other in a temple according to Hindu Rites and Rituals and are living together with happy marriage life as husband and wife and from their wedlock, they have been blessed with two children, one is three years old and the second is one year old and there is no any complaint against each other and also in which the joint affidavit has been filed wherein the para no. 2 stated that the applicants have applied for registration of the marriage dated 13.11.2016 before the Registrar Hindu Marriage, through online application on 15.04.2023 which is annexed to the S.A. 1 and also relies upon the judgment of the Apex Court, K Dhandapani Vs. The State by the Inspector of Police, judgment dated 09.05.2022, 222 LiveLaw (SC) 477:

"In the peculiar facts and circumstances of this case, we are of the considered view that the conviction and sentence of the appellant who is maternal uncle of the prosecutrix deserves to be set aside in view of the subsequent events that have been brought to the notice of this Court. This Court cannot shut its eyes to the ground reality and disturb the happy life of the appellant and the prosecutrix. We have been informed about the custom in Tamilnadu of the marriage of a girl with the maternal uncle."

As per the joint affidavit, the parties appear in person before this Court and also apply for registration of marriage. The version of the Apex Court, there is no requirement to further proceed the case against the applicants.

Heard Shri Nikhil Shukla, learned counsel for the applicants, Shri Prashant Saxena, learned counsel for the opposite party no. 2 and learned AGA for the State.

Since both the parties are present before this Court and have stated that they have settled their dispute amicably and are living as husband and wife, therefore, no useful purpose would be served to keep the matter pending.

In the present case, the sections involved are Sections 363, 366, 376 I.P.C. and 3/4 of POCSO Act.

Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641, the entire proceedings of S.S.T. No. 075 of 2018 (State vs. Ashish Kumar) arising out of Case Crime No. 0460 of 2016 under Sections 363, 366, 376 I.P.C. and 3/4 of POCSO Act, Police Station- Kamalganj, District- Farrukhabad, pending before A.D.J. (POCSO Act) are hereby quashed.

Accordingly, the instant petition is allowed.

Order Date :- 20.4.2023

Ashutosh