Allahabad High Court
Md Danish And 3 Others vs State Of U.P. And Another on 15 September, 2025
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:163654
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35209 of 2025
Md Danish And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Keshari Nath Tripathi, Mukhtar Alam
Counsel for Opposite Party(s)
:
G.A.
Court No. - 79
HON'BLE ALOK MATHUR, J.
1. Heard Sri Mukhtar Alam, Advocate on behalf of the applicants, Ms. Seema Shukla, learned A.G.A. on behalf of the State and Sri Ajay Kumar Garg, who has filed vakalatnama and short counter affidavit on behalf of opposite party No.2- complainant. The same are taken on record.
2. According to the applicants first information report was lodged by opposite party No.2 (prosecutrix) against the applicants under Sections 333, 64 (1), 352, 351 (2) of BNSS stating that the prosecutrix is an orphan aged about 27 years and her marriage had already been settled and when applicant No.1 came to know about this fact he had sexual relationship with the prosecutrix against her will on 22.2.2025. After lodging the first information report investigation was carried out by the police where statement of the prosecutrix was recorded under Sections 161 and 164 Cr.P.C. in which she maintained her stand as narrated in the first information report.
3. It has been submitted by learned counsel for the applicants that in the meanwhile on 13.6.2025 applicant No.1 and the prosecutrix have got married and the marriage has also been registered on 12.8.2025 and they are living together. It is submitted that this fact was stated on affidavit by opposite party No.2 before the trial court where the bail application of the petitioner was considered.
4. Today, a short counter affidavit has been filed by the prosecutrix stating that the applicant No.1 and the prosecutrix are major aged about 27 and 30 years respectively and due to certain misunderstanding opposite party No.2 had lodged the first information report against the applicants which was registered as case crime No.75 of 2025 under Sections 333, 64(1), 352, 351 (2) BNSS, police station police station Sambhal, District Sambhal. In paragraphs 6 to 9 of the said affidavit it is stated that they have got married and the aforesaid aspect was placed before the trial court where the applicants were enlarged on bail. For the sake of convenience paragraphs 6 to 9 of the short counter affidavit are reproduced as under:-'
"6. That after solemnization of Nikah/marriage the answering opposite party No.2 went to the house of applicant no.1 and now both are residign happly as husband and wife till today.
7. That now the answering opposite party no.2 has no objection to quash the Charge Sheet No.95/25 dated 10.06.2025 and its cognizance/summoning order dated 20.08.2025 as well as proceeding of Criminal Case No.4640 of 2024 ( State Vs. Danish and others) arising out of Case crime No.75 of 2025, under Sections 333, 64(1), 352, 351 (2), BNSS 2023, police station Sambhal, District Sambhal pending in the court of learned Chief Judicial Magistrate, Sambhal at Chandauli, District Sambhal.
8. That the applicants are innocent persons, and they have never committed any offence as alleged in the F.I.R. dated 16.04.2025.
9. That on the basis of above said Nikahnama of answering opposite party no.2 and applicant no.1 dated 13.06.2025, the proceedings of Criminal Case No.4640 of 2025 (State Vs. Danish and others) arising out of Case Crime Noi.75 of 2025, under Sections 333, 64(1), 352, 351(2), B.N.S. 2023, Police Station Sambhal, District Sambhal pending in the court of learned Chief Judicial Magistrate, Sambhal at Chandausi, District Sambhal is liable to be quashed by this Hon'ble Court."
5. It is in aforesaid circumstances that the prosecutrix has stated that she does not wish to pursue the criminal charges against the applicants/petitioners and accordingly, both the counsel have prayed for quashing of the criminal charges against the petitioners.
6. It is noticed that in similar situation Hon'ble Supreme Court in the case of Mafat Lal and another Vs. State of Rajasthan, 2022 (6) SCC 589 passed in criminal appeal No.592 of 2022 arising out of SLP (Crl.) No.1806 of 2021 has held that no fruitful purpose would be served by relegating the matter for conducting the trial as the same would not be conducive for either of the parties and it would be a futile exercise. This Court further held that offence would not be made out once the abductee has clearly stated that she was in loved with the abductor and that she left her home on account of the disturbing circumstances at her parental home as the said relationship was not acceptable to her father and that she married with the abductor on her own free will without any influence being exercised upon her. Accordingly, the court was of the considered view that considering the aforesaid facts and circumstanced ends of justice would be secured by quashing the FIR and all consequential proceedings that arise thereform.
7. Accordingly, in the present case also considering the un-controverted facts we find that the applicant No.1 and the prosecutrix are both major and have got married and living together peacefully. These facts were also placed before the trial court and were duly considered at the time of grant of bail on 4.6.2025. Accordingly, relying upon the aforesaid submissions as well as the judgment of Supreme Court in the case of Mafat Lal (supra), no fruitful purpose will be served by allowing the State to prosecute the applicants. Hence, the proceedings against the applicants in criminal case No.4640 of 2025 (State Vs. Danish and others) under Sections 333, 64(1), 352, 351 (2) BNSS, police station Sambhal, District Sambhal as well as charge sheet dated 10.6.2025 and the cognizance/summoning order dated 20.8.2025 passed by Chief Judicial Magistrate, Sambhal at Chandausi, District Sambhal arising out of case crime No.75 of 2025 are quashed.
8. The petition stands allowed.
(Alok Mathur,J.)
September 15, 2025RKM.
