Allahabad High Court

Ankush @ Bholu vs State Of U.P. And 3 Others on 29 May, 2025

Author: Manju Rani Chauhan

Bench: Manju Rani Chauhan





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:93145
 
Court No. - 52
 

 
Case :- APPLICATION U/S 482 No. - 15830 of 2023
 

 
Applicant :- Ankush @ Bholu
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Digvijay Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

1. Heard Sri Digvijay Tiwari, learned counsel for the applicant, Sri Mayank Awasthi, learned Brief Holder for the State, and perused the record.

2. The applicant has preferred the instant application challenging the impugned cognizance order dated 24.12.2021 and proceedings of Criminal Case No. 1741 of 2021, State v. Ankush @ Bholu, arising out of Case Crime No. 368 of 2021, under Sections 363, 376 IPC and Section 3/4 of POCSO Act, Police Station Inchauli, District Meerut, pending in the court of Special Exclusive Judge, POCSO Act/ Additional District Judge, Meerut.

3. On 21.03.2025, learned counsel for the applicant submitted that the applicant has married daughter of O.P. No. 2, therefore, the following order was passed on the said date:

"Supplementary affidavit on behalf of the applicant filed today, is taken on record.

Heard Mr. Digvijay Tiwari, learned counsel for the applicant, learned AGA for the State and perused the records.

This application U/S 482 Cr.P.C. has been filed to quash the cognizance order dated 24.12.2021 as well as entire proceedings of the Criminal Case No. 1741 of 2021 (State Vs. Ankush @ Bholu), arising out of Case Crime No. 368 of 2021, under Sections 363, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Inchauli, District Meerut, pending in the court of leaned Special Exclusive Judge, POCSO Act/ Additional District Judge, Meerut.

Mr. Digvijay Tiwari, learned counsel for the applicant submits that during pendency of the instant case, daughter of opposite party no.2 (the victim in the present case) has married with the applicant and is living happy married life. He further submits that the proceedings against the applicant is nothing but an abuse of the process of law.

In view of the above, let applicant- Ankush @ Bholu and the victim Smt. Manisha be present before this Court, on the next date of listing. As the victim namely, Smt. Manisha is residing with the applicant, therefore, counsel for the applicant is directed to ensure presence of the applicant as well as the victim, on the next dated fixed.

List this case on 27.03.2025.

Till 27.03.2025, no coercive action shall be taken against the applicant in the aforesaid case."

4. In compliance of the aforesaid order, the parties appeared before this Court, therefore, the following order was passed:

"In compliance of the earlier order dated 21.03.2025, the applicant, namely, Ankush @ Bholu (husband) and Manisha (wife) have appeared before this Court and shown their Aadhar cards to prove their identity. Photocopies of the Aadhar cards of both the persons are kept on record.

They state that they are living happily as husband and wife and have no grudge against each other, however, they request for fixing another date in the matter as they have to convince their family members.

Manisha (wife) states that the in-laws family have accepted her, and her husband and family members take care of her. She is presently residing with her husband at her in-laws' place. She has further shared with the Court that her father is not happy with her marriage. Despite efforts put in by herself and her husband, he is not convinced to accept the marriage between the two.

In this circumstances, let the informant-Satendra be present before this Court on the next date fixed.

The S.S.P., Meerut shall ensure the presence of the informant-Satendra before this Court on the next date fixed.

List this case on 24.04.2025.

The applicant-Ankush @ Bholu and wife-Manisha shall also remain present before this Court on the next date fixed.

Registrar compliance shall ensure the compliance of this order.

In the special circumstances, this Court feels that as Ankush @ Bholu and Manisha are living happily as husband and wife and have no grudge against each other, therefore, continuance of proceedings against the applicant would be futile exercise and wastage of time of the Court and will be abuse of process of law.

Till the next date of listing, further proceedings pursuant to Criminal Case No.1741 of 2021 (State vs. Ankush @ Bholu), arising out of Case Crime No.368 of 2021, under Sections 363, 376 IPC and Section 3/4 POCSO Act, Police Station-Inchauli, District-Meerut, pending in the court of Special Exclusive Judge (POCSO Act)/Additional District Judge, Meerut, shall remain stayed against the applicant herein.

This order has been read and explained to the parties."

5. On previous date, i.e., 24.04.2025 following order was passed:

"In compliance of the earlier order dated 27.03.2025, the applicant, namely, Ankush @ Bholu alongwith his wife Manisha and the opposite party no.2, namely, Satendra (father of Manisha) are present in the Court today, who have been identified and their signatures have also been attested by their counsels. The opposite party no.2, namely, Satendra (father of Manisha) has been brought by Anurag Yadav, Sub Inspector and Amit Kumar, Constable, posted at Police Station-Incholi, District-Meerut.

The girl; Manisha states that her date of birth in the Aadhar Card is 08.10.2002. She left her house out of her own sweet will on 18.10.2021 and came back to her father's house. She again left her house in the year 2023. She states that she had already married Ankush in the year 2021. After leaving her father's house in the year 2023, she is staying happily with Ankush @ Bhola. Earlier, she had already stated that her in-laws accepted her marriage with Ankush and are keeping her properly. She had also stated that her father is not happy with the marriage and has not accepted the same. She reiterates the same today also.

Mr. Satendra, father of Manisha, is present before this Court and states that he was disturbed with the marriage as just after one and half months of Manisha leaving the house, he had to perform marriage of his elder daughter, a very chaotic and disturbing situation is created after the applicant has enticed away Manisha. However, now by god grace, his elder daughter is married and is living happily with her in-laws. He further states that he will not keep any relation with Manisha in future as she left her house taking her own risk.

Learned AGA has pointed out that as per High School Certificate, date of birth of Manisha is 26.01.2005. Accordingly, in the year 2021, she was nearly 16 years and eight months and was minor.

In the special situation, where the victim has performed marriage with Ankush @ Bholu and as father of the victim is not ready to forgive Manisha for her conduct, the Court feels that some amount should be deposited by the applicant Ankush @ Bholu for the security of Manisha.

This Court directs that the applicant; Ankush @ Bholu shall make a fix deposit of Rs.1,00,000/- in favour of his wife Manisha in a nationalized bank for a period of five years within one month from today.

List this case on 29.05.2025 for further hearing.

The applicant-Ankush @ Bholu and wife-Manisha shall remain present before this Court on the next date fixed.

The informant; Satendra (father of Manisha) is not required to be present on the next date fixed.

Registrar compliance shall ensure the compliance of this order.

Interim order, if any, is extended till the next date of listing.

This order has been explained to the applicant in Hindi and he has understood the same."

6. In compliance of the afore-quoted order dated 24.04.2025, a fixed deposit of One Lakh Rupees has been made for five years in favour of Manisha. A photocopy of the document showing proof of the same is kept on record. The applicant, namely, Ankush alias Bholu and daughter of O.P. No. 2 ? Manisha are present before this Court.

7. Learned counsel for the applicant submits that since the applicant and daughter of O.P. No. 2 are living happy married life, therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court. In support of his contention, learned counsel for the applicant has relied upon the judgment of this Apex Court in the case of Mafat Lal and another vs. State of Rajasthan report on 2022 LawSuit(SC) 463 and also relied upon the judgment of this Court in the case of Gufran Shaikh @ Gani Munawwar vs. State of U.P. and another decided on 28.07.2022 passed in Application U/s 482 No.10258 of 2021.

8. Learned A.G.A. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has no objection in quashing the impugned criminal proceedings against the applicant.

9. In the present case, no doubt offence under the relevant Sections 363, 376 of IPC and Sections 3/4 of POCSO Act are not compoundable under Section 320 Cr.P.C. However, as explained by Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab reported in (2012) 10 SCC 303, Narinder Singh and others vs. State of Punjab and others reported in (2014)6 SCC 466 and State of Madhya Pradesh vs. Laxmi Narayan and others reported in (2019) 5 SCC 688, power of High Court under Section 482 Cr.P.C is not inhibited by the provisions of Section 320 Cr.P.C and FIR as well as criminal proceedings can be quashed by exercising inherent powers under Section 482 Cr.P.C, if warranted in given facts and circumstances of the case for ends of justice or to prevent abuse of the process of any Court, even in those cases which are not compoundable where parties have settled the matter between themselves.

10. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, statement of the victim (daughter of O.P. No. 2), herself, who has stated before this Court that she has married the applicant out of her own sweet will and is living happy married life, no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.

11. Accordingly, the cognizance order dated 24.12.2021 and proceedings of Criminal Case No. 1741 of 2021, State v. Ankush @ Bholu, arising out of Case Crime No. 368 of 2021, under Sections 363, 376 IPC and Section 3/4 of POCSO Act, Police Station Inchauli, District Meerut, pending in the court of Special Exclusive Judge, POCSO Act/ Additional District Judge, Meerut are hereby quashed.

12. The application is, accordingly, allowed. There shall be no order as to costs.

13. A copy of this order be certified to the lower court forthwith.

Order Date :- 29.5.2025