Pappu @ Nijakat And 6 Others vs State Of Up And 2 Others
2023 Latest Caselaw 21679 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:161805
 
Court No. - 93
 

 
Case :- APPLICATION U/S 482 No. - 42403 of 2019
 

 
Applicant :- Pappu @ Nijakat And 6 Others
 
Opposite Party :- State Of Up And 2 Others
 
Counsel for Applicant :- Pawan Singh Pundir
 
Counsel for Opposite Party :- G.A.,Rahul Singh Tomar
 

 
Hon'ble Arun Kumar Singh Deshwal,J.

Heard Ms. Rubi Singh, Advocate holding brief of Sri Pawan Singh Pundir, learned counsel for the applicants, Sri Rahul Singh Tomar, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

The present application has been filed for quashing the entire proceedings of Case No. 1023 of 2018 (State vs. Pappu and others), under Sections 363, 366 IPC, arising out of Case Crime No. 26 of 2001, Police Station- Ratanpuri, District- Muzaffar Nagar pending in the court of learned Judicial Magistrate-I, District-Muzaffar Nagar on the basis of compromise entered into between the parties.

Both the parties admitted that they have settled their dispute through compromise dated 26.08.2019 and the said compromise has already been verified by the learned Judicial Magistrate, court no. 1, District- Muzaffar Nagar. It is further submitted that applicant no. 1 and victim, opposite party no.2/1 (Smt. Tanzeem) willfully married and are living together as husband and wife as on date.

This Court vide order dated 07.01.2020 directed the court below to verify the alleged compromise dated 26.08.2019. In pursuance of the order of this Court dated 07.01.2020, learned Judicial Magistrate, court no. 1, Muzaffar Nagar verified the said compromise by order dated 31.01.2020 and a copy of the same was also forwarded to this Court along with a letter dated 18.01.2023.

The verification of the compromise and living together as husband and wife of applicant no. 1 and opposite party no.2/1, is not disputed by the counsel for the opposite party no. 2.

Considering the fact that both the parties are major and are living together as husband and wife and compromise entered into between them has already been verified by the court below and also the fact that as per the ossification report, age of victim i.e. opposite party no. 2/1 is about 21 years and in view of the law laid down by Hon'ble Apex Court in the judgment of Gian Singh vs State of Punjab & Another; (2012) 10 SCC 303, Narinder Singh & Ors vs State Of Punjab & Another; (2014) 6 SCC 477 as well as State of M.P. Vs. Laxmi Narayan; AIR 2019 SC 1296, proceedings of Case No. 1023 of 2018 (State vs. Pappu and others), under Sections 363, 366 IPC, arising out of Case Crime No. 26 of 2001, Police Station- Ratanpuri, District- Muzaffar Nagar pending in the court of learned Judicial Magistrate-I, District-Muzaffar Nagar, is hereby quashed.

With the aforesaid direction, the present application is allowed.

Order Date :- 10.8.2023

Aditya