Allahabad High Court
Mainpal And Another vs State Of U.P. And Another on 8 February, 2023
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 67
Case :- APPLICATION U/S 482 No. - 1678 of 2023
Applicant :- Mainpal And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kanjaanan Pyare Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
The is second 482 Cr.P.C. application.
The earlier 482 application was filed by the applicants having Application No. 37385 of 2022, which was disposed of with a direction to the parties to appear before the court concerned and move a discharge application for verification. It was directed that the court concerned shall verify the covenant and signatories of the compromise.
Today the second 482 application is being filed with a prayer to quash the entire proceeding of Sessions Trial No.110/2017 arising out of case crime no. 85 of 2006, under Sections 363, 366 IPC P.S. Dhaulana, District Hapur on the basis of compromise dated 12.10.2012.
Contention raised by the counsel or the applicants is that initially the FIR was registered at Dhaulana, Ghaziabad against the applicants under Sections 363, 366 IPC for the alleged act of kidnapping of minor daughter Ms. Pooja. After the recovery of the girl she was put for medical examination and age verification and her she was observed as 20 years. The girl was produced for 164 Cr.P.C. statement in which she has stated that her age is 21 years and she has got married with Bantu @ Pintu @ Premvir and with this wedlock she has given birth a baby who is aged about 7 months. Both of them are peacefully residing as husband and wife. From the verification order, it is evidence that couple are residing as husband and wife and they have got two sons, namely, Himanshu aged about 15 years and Mohan aged about 13 years. They have executed a compromise between the parties which is annexed as Annexure-8 to the affidavit accompanying the application. The said compromise deed signed by informant Dharampal Singh, Bantu @ Pintu @ Premvir.
Learned counsel for the applicants has cited judgement of this Court in the case of Atul Mishra Vs. State of U.P. and 3 others in Crl. Misc. Bail Application No. 53947 of 2021 decided on 25.01.2022. The relevant extract of the judgment is quoted herein below:-
"There are certain gray areas, where the severity of the sentences provided under the Act, rightly so be diluted keeping in view the facts of each case. If these rigors of the enactment is pasted hastily or irresponsibly, it could lead to irreparable damage to the reputation and future of young whose actions would have been only innocuous and may lead to spoiling the future life of that innocent lovers or couple who out of sheer innocence have initially developed and thereafter established that relationship, which if seen through the bioscope of these penal provisions of Act of 2012, would fall within the realm of offence."
At this juncture sending the applicants in jail and face prosecution under Section 363 and 366 IPC would strictly and adversely impact his wife Ms. Pooja or her sons Himanshu and Mohan to attain the larger interest at elderly society for future of the kids.
Taking the help of these guidelines, keeping in view the nature and gravity and the severity of the offence which are more particularly in private dispute and differences it is deem proper and meet to the ends of justice. The proceeding of the aforementioned case be quashed.
The present 482 application stands allowed.
This order is being passed by this Court after hearing the contesting parties and perusing the short counter affidavit filed by learned counsel for the opposite party no.2. This Court has not verified their credentials. If at all, opposite party no.2 feels that he has been duped or betrayed, then in that event, he may file recall application after explaining the reasons for filing the said application.
Let copy of this order may be transmitted to the concerned court within twenty days.
Order Date :- 8.2.2023
Abhishek Sri.
