Allahabad High Court
Jitendra Kumar Vishwakarma vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 16 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:56668
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 7468 of 2025
Jitendra Kumar Vishwakarma
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. And Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Indra Kumar Yadav
Counsel for Opposite Party(s)
:
G.A., Ankita Verma
Court No. - 14
HON'BLE SHREE PRAKASH SINGH, J.
Heard learned counsel for the applicant, Ms. Ankita Verma, learned counsel for the complainant/victim and learned AGA for the State as well as perused the record.
On 08th of September, 2025, the following order was passed.
"1. Miss Ankita Verma, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2/ complainant/ victim, the same is taken on record.
2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record.
3. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:-
"i. To quash the entire proceeding of Sessions Trial No. 1966 of 2023, arising out of FIR / Case Crime No.0428/2022, under section 341, 342, 294, 323, 506, 366, 376, 504 IPC, registered at Police Station - Safdarganj, District - Barabanki,
ii. To quash the impugned Chargesheet No.01 of 2022, dated 01.11.2022 filed in FIR / Case Crime No.0428/2022 under section 341, 342, 294, 323, 506, 366, 376, 504 IPC, Police Station Safdarganj, District Barabanki, filed against the petitioner as well as impugned cognizance and summoning order dated 01.04.2023 passed by the court of Additional Chief Judicial Magistrate AC.JM-19, Barabanki and the order for framing of charges dated 16.10.2023 passed by Additional Sessions FTC, Court No.37 Barabanki, contained as Annexure No.1, 2 and 3 respectively to this petition;"
4. It is argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated. He submits that the applicant and the alleged prosecutrix were major at the time of incident and under certain misconception, the prosecutrix lodged the FIR against the applicant though subsequently they performed marriage and are living as husband and wife as is mentioned in paragraph 21 of the application and submits that the case of the present applicant is squarely covered with the ratio of judgment of Vishwas Bhandari v. State of Punjab and another, (2021) 2 Supreme Court Cases 605. He added that if the criminal proceeding would be allowed to go on, the marital life of the applicant and the prosecutrix shall be vanished, therefore, the submission is that the criminal proceeding arising out of FIR / Case Crime No.428 of 2022 against the applicant may be quashed.
5. On the other hand, learned counsel appearing for the opposite party no.2 has supported the version of learned counsel for the applicant.
6. Learned A.G.A. appearing for the State though has opposed the matter on merits but he has no objection if the parties being major at the time of incident, have performed marriage and living as husband and wife.
7. In view of the aforesaid facts and circumstances, the opposite party no.2/ complainant (Suraj Devi) and the applicant (Jitendra Kumar Vishwakarma) are directed to remain present before this Court on 16.09.2025 at 02;15 P.M.
8. List/ put up this matter on 16.09.2025 at 02:15 P.M.
9. Until further order(s), the criminal proceeding in Sessions Trial No. 1966 of 2023, arising out of FIR / Case Crime No.428 of 2022, under Sections 341, 342, 294, 323, 506, 366, 376, 504 IPC, Police Station Safdarganj, District Barabanki, against the applicant shall remain stayed.
10. Learned counsels for the parties shall inform this order to the applicant as well as the opposite party no.2."
In compliance of the order aforesaid, the complainant/victim, namely, Suraj Devi and the applicant, namely, Jitendra Kumar Vishwakarma are present before this Court. They have been identified by their respective counsel.
On a query being asked to the complainant/victim, she has stated that under duress, she lodged the First Information Report against the applicant, though, she has performed the marriage with the applicant and she is residing with the applicant as wife and there is no dispute further. The applicant has also reiterated the aforesaid submission.
Learned AGA for the State has opposed the contentions aforesaid but he has no objection, if the parties have settled their dispute and they have got married.
Considering the submissions of learned counsel for the parties, particularly the statement of the alleged victim and the applicant as well as the applicability of the ratio of judgment rendered in the case of Vishwas Bhandari (supra), the criminal proceedings of Sessions Trial No. 1966 of 2023, arising out of FIR/Case Crime No. 0428 of 2022, under Sections 341, 342, 294, 323, 506, 366, 376, 504 IPC, Police Station Safdarganj, District Barabanki, are hereby quashed.
The instant application U/s 482 Cr.P.C. is, accordingly, allowed.
Consequences to be followed.
The personal appearance of the parties is exempted.
(Shree Prakash Singh,J.)
September 16, 2025
kkv/
