Allahabad High Court
Brijesh Kumar And Another vs State Of U.P. Thru. Addl. Chief Secy. ... on 8 May, 2024
Author: Shamim Ahmed
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:35708
Court No. - 27
Case :- APPLICATION U/S 482 No. - 7432 of 2022
Applicant :- Brijesh Kumar And Another
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Lko. And Others
Counsel for Applicant :- Rajesh Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Sri Dinesh Kumar Tripathi, Advocate has put in appearance for the complinant/opp. Party No. 2 by filing his vakalatnama on her behalf, which is taken on record.
Heard learned counsel for the applicants, Sri Dinesh Kumar Tripathi, learned counsel for the opp. party No. 2 and the learned A.G.A. for the State.
The present application has been filed with a prayer to quash the charge sheet dated 18.04.2015 as well as order dated 06.09.2022 passed in S.T. No. 39 of 2015 arising out of Case Crime No. 30 of 2015, under Sections 363, 366, 376(2) I.P.C. and Section 5/6 POCSO Act, P.S. Masauli, District Barabanki.
In pursuance to the notice dated 18.10.2022, Complainant/opp. Party No. 2 Ram Dulari is present before this court. She has been identified by her counsel Sri Dinesh Kumar Tripathi, Advocate.
Applicant Brijesh Kumar is also present before this Court. He submits that he has solemnized marriage with the alleged victim/applicant No. 2 Rupa in 2015 and due to their wedlock three children- one son and two daughters were born. The son is studying in Class-II. He also submits that he earns so much of amount that he can maintain the family.
Ram Dulari/complainant submits that she is happy and has no complaint at all with the son-in-law/applicant, as he is looking after the daughter/applicant No. 2 and the children very well, thus, she do not want to pursue the matter any further and she has no objection if the proceedings of the trial court are quashed by this court exercing power under Section 482, Cr.P.C.
Sri Dinesh Kumar Tripathi, learned counsel for the o.p. No. 2 submits that as the matter has already been settled between the parties, thus, there is no justification to further continue the proceedings of the present case. In this regard he has relied on a Supreme Court judgment in the case of Kapil Gupta v. State of NCT of Delhi & anr., (Criminal Appeal No. 1217 of 2022), wherein almost in similar circumstances the appeal has been allowed and the proceedings have been quashed.
Thus, in view of the judgment of the Hon'ble Court in the case of Kapil Gupta (supra), as the parties are living together and there is no dispute amonst them, the complainant has also accepted the applicant Brijesh Kumar as son-in-law and she herself does not want to pursue the matter any further, thus, being a peculiar and special case, as there are three children born out of the wedlock between the alleged victim/applicant No. 2 and the applicant Brijesh Kumar and the complainant herself has accepted the applicant Brijesh Kumar as her son in law and all are happy, the proceedings in S.T. No. 39 of 2015 arising out of Case Crime No. 30 of 2015, under Sections 363, 366, 376(2) I.P.C. and Section 5/6 POCSO Act, P.S. Masauli, District Barabanki, are hereby quashed. The petition is accordingly allowed.
(Shamim Ahmed, J.)
Order Date :- 8.5.2024
A.Nigam
