Allahabad High Court
Akbar Ali And Others vs State Of U.P. Thru. Prin. Secy. ... on 21 August, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:55550
Court No. - 28
Case :- APPLICATION U/S 482 No. - 7781 of 2023
Applicant :- Akbar Ali And Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Others
Counsel for Applicant :- Akhilesh Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard Sri Akhilesh Kumar Pandey, learned counsel for the applicant, Sri Girijesh Dwivedi, learned A.G.A. for the State and perused the record.
The instant application has been filed to quash the impugned charge sheet no.113 of 2023 dated 06.04.2023, arising out of F.I.R./ Case Crime No.0027 of 2023, under Sections 313, 376, 504 & 506 I.P.C. and Section 3/4 POCSO Act, Police Station- Aaspur Devsara, District- Pratapgarh as well as cognizance order dated 13.07.2023 passed by learned Special Judgee, POCSO Act, Pratapgarh in Case Crime No.24 of 2023 (State Vs. Akbar Ali and Others) under Sections 313, 376, 504 & 506 I.P.C. and Sections 3 & 4 of POCSO Act, registered at Police Station- Aaspur Devsara, District- Pratapgarh.
Learned counsel appearing for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He further stated that an F.I.R. was lodged by the father of the alleged victim wherein the allegation has been levelled that the applicant no.1, namely, Akbar Ali has committed rape with the minor daughter of opposite party no.2 and thus the F.I.R. was lodged under Sections 376, 504 & 506 I.P.C. and Sections 3 & 4 of POCSO Act and the same was registered as Case Crime No.0027 of 2023, under Sections 313, 376, 504 & 506 I.P.C. and Section 3/4 POCSO Act, at Police Station- Aaspur Devsara, District- Pratapgarh.
Learned counsel appearing for the applicants further added that the applicant no.1 and the alleged victim are major and they have performed the marriage and the marriage was registered in the Office of Marriage Registration Officer on 02.03.2023 though the F.I.R. has been lodged on 04.02.2023. He next added that the applicant no.1 and the alleged victim have performed marriage and they are living as husband and wife and if any criminal proceeding is allowed against them, it would amount to harassment.
Learned counsel appearing for the applicants further prayed that the case of the present applicants are covered with the ratio of the judgment rendered in the Case of Vishwas Bhandari Vs. State of Punjab and Another reported in (2021) 2 Supreme Court Cases 605(Criminal Appeal No.105 of 2021 dated 03.02.2021), therefore, the case of the present applicants may be quashed.
On the other hand, learned A.G.A. for the State has supported the version of the learned counsel for the applicants and stated the applicant no.1 and the alleged victim have performed marriage and they are living as husband and wife and he has no objection to the aforesaid prayer made by learned counsel for the applicants.
In pursuance of the order date 09.08.2023, Akbar Ali and Ahiya Bano are present before this Court and upon query being asked, the applicant no.1, namely, Akbar Ali and the alleged victim, namely, Ashiya Bano have jointly replied that they have performed marriage and they are living as husband and wife and they have no grievance against each other.
Considering the merits of the present case, it transpires that the F.I.R. has been lodged by the father of the alleged victim against the applicants under Sections 376, 504 & 506 I.P.C. and Sections 3 & 4 of POCSO Act. The fact remains that the applicant no.1, namely, Akbar Ali, and the alleged victim, namely, Ashiya Bano have performed marriage and the marriage got registered in the Officer of the Marriage Registration Officer which is annexed along with the present application.
This Court has also considered the statement of the applicant no.1 and the alleged victim, given before this Court, wherein they stated that they have performed marriage and they are living as husband and wife and they have no grievance against each other. Further, the case of the applicants is also squarely covered with the ratio of the judgment rendered in the Case of Vishwas Bhandari Vs. State of Punjab and Another reported in (2021) 2 Supreme Court Cases 605(Criminal Appeal No.105 of 2021 dated 03.02.2021).
Thus, the criminal proceedings initiated against the present applicants in Case Crime No.0027 of 2023, under Sections 313, 376, 504 & 506 I.P.C. and Section 3/4 POCSO Act, arising out of charge sheet no.113 of 2023 dated 06.04.2023, Police Station- Aaspur Devsara, District- Pratapgarh, is hereby quashed.
Consequences to follow.
The personal appearance of the applicant no.1, namely, Akbar Ali and the alleged victim, namely, Ashiya Bano is hereby exempted.
Consigned to record.
Order Date :- 21.8.2023
Manoj K.
