Allahabad High Court
Smt. Mamta @ Sania And Anothers vs State Of U.P. And Anothers on 8 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 12368 of 2020
Applicant :- Smt. Mamta @ Sania And Anothers
Opposite Party :- State Of U.P. And Anothers
Counsel for Applicant :- Shamsuddin Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shamsuddin Ahmad, learned counsel for the applicants and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed to quash the entire criminal proceedings of S.T. No. 705 of 2018, State Vs. Manoj @ Gandhi, arising out of Case Crime No. 210 of 2018, under Sections 363, 366, 376 IPC, and Section 3/4 POCSO Act, Police Station Mundapande, District Moradabad, pending before learned Special Judge (POCSO Act)/Additional Sessions Judge, Moradabad.
3. At the fresh stage, following order was passed on 28.8.2020 :
"By the impugned order a discharge application under Section 227 Cr.P.C., has been rejected by the learned Special Judge, POCSO Act,/Additional Sessions Judge, Moradabad passed in S.T. No.705 of 2018, State Vs. Manoj @ Gandhi arising out of Case Crime No.210 of 2018 under Sections 363, 366, 376 IPC, and Section 3/4 POCSO Act, Police Station Mundapande, District Moradabad.
The submission of learned counsel for the applicant is that the second applicant Manoj Kumar @ Gandhi, who is facing trial in the aforesaid case and the first applicant Smt. Mamta @ Sania, married each other according to Hindu Rites on 08.05.2018 at the Arya Samaj Mandir, Gokhale Market Trust, Tees Hazari, Delhi. The said marriage has been registered. A certificate of registration of marriage dated 17.03.2020 is on record. Learned counsel for the applicant has invited the attention of the Court to a judgment of a Division Bench of this Court in Habeas Corpus Writ Petition No.243 of 2019 decided on 28.03.2019, filed by the victim Mamta @ Sania challenging her detention in the Naari Niketan, by the Child Welfare Committee on ground that she was not a major. In the said judgment, their Lordships of the Division Bench held that the first applicant Mamta @ Sania was a major, aged about 19 years. It has further been remarked that she is the mother of a eight months old baby. The Habeas Corpus writ petition was allowed and Mamta @ Sania, who has said before the Court that she wants to stay with her husband, applicant No.2, Manoj @ Gandhi, was ordered to be released and permitted to go with her husband. It is submitted that Smt. Mamta @ Sania, applicant No.1 and Manoj Kumar @ Gandhi, applicant No.2, are staying together as man and wife. He submits that still by the impugned order, the learned Special Judge has refused to discharge the applicant, though ex facie the charge is groundless.
A prima facie case is made out.
Admit.
Issue notice.
Notice is made returnable on 20.10.2020.
List for orders on 20.10.2020 along with a report regarding service.
Until further orders of this Court, further proceedings in S.T. No.705 of 2018, State Vs. Manoj @ Gandhi arising out of Case Crime No.210 of 2018 under Sections 363, 366, 376 IPC, and Section 3/4 POCSO Act, Police Station Mundapande, District Moradabad shall remain stayed."
4. Despite service of notice, none has appeared on behalf of the opposite party no. 2. Sufficient time of more than two years has passed since then. As to the present status, it has been disclosed that the applicants are living in matrimony. There is one child born from their marriage.
5. Upon instructions, learned counsel for the applicants states that applicant no. 1 has formed good relationship with the applicant no. 2 such that the opposite party no. 2 is not opposed to the prosecution being dropped at this stage.
6. Considering the above, no useful purpose would be served in keeping the present application pending any further. The application is allowed. The impugned order dated 19.02.2020 is hereby set aside. The entire proceedings of S.T. No. 705 of 2018, State Vs. Manoj @ Gandhi, arising out of Case Crime No. 210 of 2018, under Sections 363, 366, 376 IPC, and Section 3/4 POCSO Act, Police Station Mundapande, District Moradabad, pending before learned Special Judge (POCSO Act)/Additional Sessions Judge, Moradabad, are hereby quashed.
7. However, if is left open to the applicant no. 1 as well as opposite party no. 2 to seek recall of this order, if just cause survives.
Order Date :- 8.2.2023
SA
