Allahabad High Court
Abdul Mujeeb vs The State Of U.P. Thru. Its Prin. Secy. ... on 1 October, 2024
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:68101
Court No. - 13
Case :- APPLICATION U/S 482 No. - 8653 of 2024
Applicant :- Abdul Mujeeb
Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Iqbal Ahmad
Counsel for Opposite Party :- G.A.,Mohd.Mateen
Hon'ble Saurabh Lavania,J.
1. In terms of the order of this Court, the applicant and the opposite party no. 2/victim are present before this Court, who have been identified by Shri Iqbal Ahmad, Advocate and Shri Mohd.Mateen, Advocate, appearing for the said parties.
2. Heard.
3. Instant application has been filed by the applicant seeking following main relief:
"to quash the chargesheet 23.07.2024 and summoing order dated 12.08.2024 along with entire proceeding bearing Case crime No.166/2024 (Abdul Mujeeb versus State of UP) Under section 376, 506 IPC, Police Station-Rehra Bazar, District Balrampur pending before the District& Session Judge, Balrampur contained as Annexure No. 1 in the interest of justice."
4. It is stated that the victim/opposite party no. 2 lodged an FIR on 25.06.2024 at Police Station - Rehra Bazar, Distict - Balrampur registered as Case Crime No. 0166 of 2024 under Sections 376, 506 IPC, against the applicant. According to this FIR, the applicant, on the pretext of false marriage, established physical relations with the victim/opposite party no. 2. This FIR also indicates that the relationship between the applicant and the victim/opposite party no. 2 was for a period of about three years.
5. It is also stated that during investigation, the victim/opposite party no. 2 supported the story as indicated in the FIR as is apparent from the statements made by her before the Investigating Officer and the Court concerned in terms of Section(s) 161 & 164 Cr.P.C., respectively.
6. It is also stated that the applicant and the victim/opposite party no. 2 were having affair and the victim/opposite party no. 2, on her own volition, established physical relations with the applicant and the applicant from very initial stage was intended to marry with the victim/opposite party no. 2, however, on account of some unavoidable reasons, the marriage between them could not be solemnized and despite the assurance given by the applicant to the victim/opposite party no. 2 that he would solemnize marriage the FIR was lodged by the victim/opposite party no. 2.
7. It is is also stated that just to create pressure upon the applicant, the victim/opposite party no. 2 lodged the FIR, the basis of criminal proceedings in issue.
8. It is also stated that during the pendency of the case in issue arising out of Case Crime No. 0166 of 2024 pending before District and Session Judge, Balrampur, the applicant and the victim/opposite party no. 2 solemnized marriage on 09.07.2024 which is evident from the mehernama signed by the applicant, the victim/opposite party no. 2 as also the father of the victim/opposite party no. 2 namely Israil which is annexed from Page Nos. 41 to 49 of the paper-book.
9. It is also stated that in the aforesaid background of the case as also taking note of the judgment(s) of Hon'ble Apex Court rendered in the case of Sonu alias Subhas Kumar Vs. State of U.P., 2021 SCC OnLine SC 181; Deepak Gulati vs. State of Haryana (2013) 7 SCC 675 and Shambhu Kharwar Vs. State of U.P. and Another, 2022 SCC OnLine SC 1032, the proceedings in issue are liable to be interfered by this Court.
10. It is also stated that if the criminal proceedings are allowed to continue then in that eventuality matrimonial life of the applicant and the victim/opposite party no. 2 would be ruined. Thus it is a case of interference by this Court.
11. On being asked on the aforesaid, the opposite party no. 2/victim, who is present before this Court, has not disputed the story of the applicant, as stated above.
12. Upon consideration of the aforesaid as also the observations in relation to establishing physical relationship with the consent in the judgment(s) of Hon'ble Apex Court rendered in the case of Sonu alias Subhas Kumar (supra); Deepak Gulati (supra) and Shambhu Kharwar (supra) as also that no fruitful purpose would be served in keeping the proceedings pending before the trial court in view of the aforesaid including the nature of relationship between the applicant and the opposite party no. 2/victim as also that if this Court declines to interfere in the matter then in that eventuality the settled matrimonial life of the applicant and the opposite party no. 2/victim would be ruined as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, this Court is of the view that entire criminal proceedings arising out of Case Crime No.0166 of 2024, detailed above, are liable to be quashed. Accordingly, the same are hereby quashed qua the applicant.
13. The present application is allowed.
14. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 1.10.2024
Mohit Singh/-
