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2025 DAILYLAW 132177 (ALL)

MOHD. NIHAL @ NIHAL AHMAD @ BOBY v. STATE OF U.P. THRU. SECY. HOME LKO. AND 2 OTHERS

A482/2922/2025 · 2025-04-16

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21317 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2922 of 2025 Applicant :- Mohd. Nihal @ Nihal Ahmad @ Boby Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Applicant :- Mohammad Irfan Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and Ms. Anjum Ara, Advocate and Mohammad Ajamal, Advocate, who has filed Power on behalf of the opposite party No. 2 & 3, which is taken on record. 2. This application under Section 482 CrPC has been filed praying for quashing the entire proceedings of S.T. No. 1267 of 2017, Crime No.0261 of 2017, under Section 363, 366 IPC, Police Station- Husainganj, District- Lucknow pending in the court of Additional District Judge, Court No. 8 Lucknow, as well as impugned charge sheet dated 02.11.2017, cognizance order dated 08.11.2017 and its consequential order in the respect of the petitioner as well as to stay the further proceedings thereof, on the basis of compromise entered into between the parties. 3. The facts of the case are that the Case Crime No.0261 of 2017 under Section 363, 366 IPC was registered against the applicant at the instance of the opposite party No. 2 stating that her daughter i.e. opposite party No.3 has been abducted by the applicant. At the time of registration of the FIR, the opposite party No.3 was stated to be 15 years old. 4. It has been further stated in the affidavit that the opposite party No.2 and the applicant have entered into a compromise on 06.02.2024 settling the dispute and the compromise also acknowledges that the opposite party No. 3 and the applicant have married each other. The compromise has been verified by the trial court after the compromise application was remitted to the trial court vide order dated 30.10.2023 passed by this Court in Application u/s 482 CrPC No. 10536 of 2023. 5. As the parties have entered into a compromise and the opposite party No. 3 and the applicant have married each other, it would be serve no purpose to proceed with the trial of the aforesaid criminal case. The opposite party No. 3 is at present major and 25 years old. 6. Accordingly, the application is allowed. 7. The entire proceedings of S.T. No. 1267 of 2017, Crime No.0261 of 2017, under Section 363, 366 IPC, Police Station- Husainganj, District- Lucknow pending in the court of Additional District Judge, Court No. 8 Lucknow and all the consequential proceedings arising therefrom, are hereby quashed. Order Date :- 16.4.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench