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2025 DAILYLAW 120149 (ALL)

AFSAR ALI AND 2 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/782/2025 · 2025-01-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5471 Court No. - 12 Case :- APPLICATION U/S 482 No. - 782 of 2025 Applicant :- Afsar Ali And 2 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Girish Kumar Pandey,Satyam Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Peeyush Shukla, Sri Tripuresh Mishra and Ms. Chandrika Rani, learned Advocates have filed their Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicant, learned Counsel for opposite party no.2, learned AGA for the State of U.P. and gone through the record. The present application has been filed for the following main relief:- "For the facts, reason and circumstances states in the accompanying writ petition duly support an affidavit, It is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned Charge Sheet No. 35/2020 in Case Crime No.- 008/2020 under section 376, 504, 506 IPC (70, 352, 351(2) BNS) Police Station- Ibrahimpur District- Ambedkar Nagar and cognizance/summoning order date 27/05/2020 passed by Chief Judicial Magistrate Ambedkar Nagar and prevent the abuse of process of law in order to secure end of Justice. It is the further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of criminal case no. 1347/2020 C.N.R. No.- UPAN040043002020 "State of U.P. Vs. Sher Mohammad and others" pending in the court of Chief Judicial Magistrate Ambedkar Nagar, during pendency of present petition, in the interest of Justice." The parties are present before this Court, who have been identified by their respective counsel. It is stated that applicant no.1 and opposite party no.2/victim were having affair and both were intended to marry each other, but on account of some unavoidable reasons, the marriage of applicant and opposite party no.2/victim could not be solemnized and on being annoyed, the opposite party no.2/victim registered a case as Case Crime No. 08/2020 under Sections 376/504/506 IPC, Police Station Ibrahimpur District Ambedkar Nagar, against applicant nos.1 to 3. Further submission is that applicant no.1 is the son of applicant nos. 2 and 3. It is further stated that upon completion of investigation, the Investigating Officer submitted a charge-sheet against applicant no.1 under Sections 376/504/506 IPC and against applicant nos. 2 and 3 filed a charge-sheet under Sections 504/506 IPC. It is further stated that a case arising out of Case Crime No. 08/2020, detailed above, is pending before the court of Additional District and Sessions Judge, FTC, Ambedkar Nagar, as Sessions Trial No. 1347 of 2020 (State Versus Sher Mohammad). It is further stated that during the pendency of the case, the marriage between the applicant and opposite party no.2 was solemnized on 31.01.2022, a copy of which is annexed as Annexure No.5 to the present application. Now the opposite party no.2/victim does not want to pursue the pending criminal proceedings. It is further stated that the case of the applicant is squarely covered by the judgment of the Hon'ble Apex Court passed in the case of Deepak Gulati vs. State of Haryana (2013) 7 SCC 675; Sonu @ Subhash Kumar vs. State of U.P. and Another (2021) 7 SCC; and Mandar Deepak Pawar vs. State of Maharashtra and Another 2022 SCC OnLine SC 2110. Upon consideration of the aforesaid as also the observations of Hon'ble Apex Court passed in the case of Deepak Gulati (Supra), Sonu @ Subhash Kumar (Supra) as also 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, according to which based upon the compromise the criminal proceedings can be quashed, as also taking note of the nature of dispute/crime and also that if the criminal proceedings are allowed to continue then in that eventuality matrimonial life of opposite party no. 2/victim and the applicant would be ruined, this Court is of the view that no purpose would be served in keeping the proceedings pending before the trial court. Accordingly, present application is allowed. Consequently, the entire proceedings of criminal case no. 1347/2020 (Supra), indicated in the prayer, quoted above, are hereby quashed. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 28.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench