Deendayal vs State Of U.P. And Another
2023 Latest Caselaw 18941 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:149100
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 24741 of 2023
 

 
Applicant :- Deendayal
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ram Charan Lal,Kamal Singh
 
Counsel for Opposite Party :- G.A.,Brajesh Kumar Singh
 

 
Hon'ble Deepak Verma,J.

1. Learned counsel for Opposite Party No. 2 has filed short counter affidavit in the Court today. The same is taken on record.

2. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

3. By means of the present application under Section 482 Cr.P.C., the applicants have prayed for quashing the entire proceeding of Special Session Trial No. 57 of 2019, under Sections 363, 366, 376 I.P.C. and 6 Protection of Children from Sexual Offences Act, 2012, Police Station- Anwala, District- Bareilly, pending in the court of Ld. Additional Sessions Judge/Special Judge (POCSO Act), Court No. 1 Bareily including charge-sheet dated 16.02.2019 as well as congnizance order dated 27.03.20198 passed by the Ld. Additional Sessions Judge/Special Judge (POCSO Act), Bareilly.

4. It has been contended by learned counsel for the applicants that victim is daughter of Opposite Party No. 2. Opposite Party No. 2 lodged FIR against the applicant on 08.01.2019 under Sections 363, 366 I.P.C. He further submitted that daughter of Opposite Party No. 2 has solemnized marriage with applicant on 02.06.2020 at Arya Samaj, Savitri Nagar, kargaina, Bareily and their marriage was registered on 02.09.2020 by the Registrar, Marriage Registration Officer-IInd, Bareilly. Applicant no. 1 and daughter of Opposite Party No. 2 are living as husband and wife peacefully. Learned counsel for the applicant further placed reliance over Judgement of Hon'ble Apex Court passed in Jatin Agarwal Vs. State of Telangana & Anr (Arising out of SLP(Criminal) No. 9568 of 2021) and in the judgment of Fakre Alam @ Shozil Vs. State of U.P. And 3 Others (Application U/S 482 NO. - 41580 of 2022).

5. Learned AGA and learned counsel for Opposite Party No. 2 have admitted the fact averred by learned counsel for the applicant and said that as daughter of Opposite Party No. 2 and the applicant have solemnized marriage, Opposite Party No. 2 does not want to proceed further in the present case lodged against the applicant under Sections 363, 366 I.P.C.

6. In view of the above judgment and order, the court is inclined to quash the criminal proceeding of Special Session Trial No. 57 of 2019, under Sections 363, 366, 376 I.P.C. and 6 Protection of Children from Sexual Offences Act, 2012, Police Station- Anwala, District- Bareilly, in exercise of jurisdiction under Section 482 Cr.P.C.

7. Hence, considering the facts and circumstances of the case and nature of offence the proceeding of the aforesaid case hereby quashed.

8. The present 482 Cr.P.C. application stands allowed.

Order Date :- 25.7.2023

Anjali