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2013 DAILYLAW 3161 (ALL)

ARJUN v. STATE OF U.P. AND ANOTHER

A482/26693/2013 · 2026-03-18

Sanjiv Kumar

body2013

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 26693 of 2013 Court No. - 84 HON'BLE SANJIV KUMAR, J. 1. Heard Sri Mahipal Singh, learned Counsel for the applicant, learned A.G.A. for the State, Sri Prashant Kumar, Advocate holding brief of Sri Amit Rana, learned Counsel for the opposite party no. 2 and perused the record. 2. The instant application has been filed for quashing the entire proceedings of Case No.117 of 2013 (State vs. Arjun) arising out of Case Crime No.124 of 2012, under Sections 363 and 366 I.P.C., Police Station Nangal, District Bijnor. 3. Learned counsel for the applicant submits that the FIR was lodged on false and concocted facts. In fact, the victim, i.e., the daughter of opposite party no. 2, was a major at the time of the incident and had gone with the applicant of her own free will. He further submits that both the applicant and the victim were major and have solemnized their marriage. They are now living a married life and one child has been born out of their wedlock. Therefore, no offence is made out against the applicant. He next submits that opposite party no. 2, in his report, alleged that the victim was aged about 13 years, however, upon her medical examination conducted by the C.M.O., Bijnor, and as per her age recorded in the voter list, she was major at the time of the incident. 4. Learned Counsel for the opposite party No.2 has not disputed that the victim was a major at the time of the incident. Versus Counsel for Applicant(s) : Ajay Kumar Srivastava, Rajeev Sisodia Counsel for Opposite Party(s) : Amit Rana, Govt. Advocate Arjun .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties. 6. In view of the aforesaid facts and considering that the parties do not wish to pursue the case any further, the dispute being matrimonial in nature and there being no objection from opposite party No.2, no useful purpose would be served by proceeding with the matter further. 7. For the discussions made above, the present application is allowed and entire proceedings of Case No.117 of 2013 (State vs. Arjun) arising out of Case Crime No.124 of 2012, under Sections 363 and 366 I.P.C., Police Station Nangal, District Bijnor are hereby quashed. March 19, 2026 Amit A482 No. 26693 of 2013 2 (Sanjiv Kumar,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad