Allahabad High Court
Lalman vs State Of U.P. Thru. Prin. Secy. ... on 6 October, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:64665
Court No. - 28
Case :- APPLICATION U/S 482 No. - 8860 of 2023
Applicant :- Lalman
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko. And 3 Others
Counsel for Applicant :- Vijayendra Prakash Tripathi
Counsel for Opposite Party :- G.A.,Vivek Kumar Shukla
Hon'ble Shree Prakash Singh,J.
Heard Sri Vijayendra Prakash Tripathi, learned counsel for the applicant, Sri Vivek Kumar Shukla, learned counsel for opposite party no.3 and learned A.G.A. for the state and perused the material placed on record.
The instant application under section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of C.T. No. 93 of 2017, Chargesheet dated 31-07-2017, arising out of Case Crime No. 140/2017, under sections 363/366/376 of I.P.C. and Section 3/4 of the POCSO Act, Police Station-Badosarai, District-Barabanki, pending before the Additional District and Sessions Judge/Special Judge, Court No. 44, Barabanki and the summoning order dated 18-08-2017 passed on the charge sheet.
Vide order dated 20.09.2023, the applicant, namely, Lalman and the victim/ opposite party no.3 were directed to remain present before this Court. In compliance of the order, the applicant and the alleged victim are present before this Court. On query being asked, 'they jointly submitted that they were major on the date of incident and they performed marriage and there are two children from their wedlock.'
From the perusal of record and the statement of the victim recorded under section 164 Cr.P.C and the statement recorded under section 161 CRPC, it transpires that the same demolishes the story of the prosecution and supports the version of the defence. Further, as per the radiological report, the age of the victim was 18 years at the time of the said incident.
Learned counsel for the applicant submitted that the victim herself went away with the applicant out of her own sweet will and performed marriage and they are now living as husband and wife and there are two children from their wedlock. He next submitted that due to annoyance, the mother of the victim has lodged the first information report. He further added that as per the radiological report, the alleged victim was major at the time of incident, thus, the criminal proceedings against the applicant may ruin the marital life of the applicant and the alleged victim.
He has placed reliance on judgment rendered in the case of Vishwas Bhandari v. State of Punjab and another reported in (2021) 2 Supreme Court Cases 605, Criminal Appeal No.105 of 2021, dated 03.02.2021 and submitted that the case of the applicant is squarely covered with the ratio of the judgment aforesaid and submitted that criminal proceedings against the applicant may be quashed.
On the other hand, learned counsel for the opposite party no.3 has supported the version of the learned counsel for the applicant and submits that the victim herself went away with the applicant and thereafter they performed marriage and they are living as husband and wife, therefore, his submission is that the criminal proceedings against the present applicant may be dropped.
Learned A.G.A., though, has opposed the aforesaid contention on merits, but he has no objection to the fact that the alleged victim and the applicant have performed marriage and they are living as husband and wife.
Having heard learned counsel for the parties, it transpires that the F.I.R. are was lodged by the mother of the victim with the allegation that the applicant has enticed away the victim and committed rape upon her.
When this court examined the statement of the victim recorded under Section 164 Cr.P.C., it is evident that she has supported the version of the applicant and further she has performed marriage with the applicant out of her own free will and now they are living as husband and wife and the radiological report also shows that the victim's age was 18 years at the time of incident. Today, when the applicant and the victim were called before this court, they jointly submitted that they have performed marriage and they are living as husband and wife, and there are two children from their wedlock and there is no dispute between them.
This Court has noticed that the the law has also been settled in the case of Vishwas Bhandari (supra)and the case of the present applicant is squarely covered with the ratio of the judgment aforesaid.
Resultantly, the criminal proceedings of C.T. No.93 of 2017, Chargesheet dated 31-07-2017, arising out of Case Crime No. 140/2017, under sections 363/366/376 of I.P.C. and Section 3/4 of the POCSO Act, Police Station- Badosarai, District- Barabanki, is hereby quashed.
Consequences shall be followed.
The application is allowed accordingly.
Consigned to records.
Personal appearance of the applicant, namely, Lalman and the opposite party no.3, is hereby exempted.
Order Date :- 6.10.2023
Manoj K.
