DHARMENDRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND 4 OTHERS
A482/3292/2025 · 2025-04-18
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134598 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134598 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22171 Court No. - 19 Case :- APPLICATION U/S 482 No. - 3292 of 2025 Applicant :- Dharmendra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And 4 Others Counsel for Applicant :- Saurabh Mishra Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J.
1. Sri Neeraj Kumar Mishra, Advocate has filed vakalatnama on behalf of opposite party no.2/complainant as well as copy of compromise dated 17.04.2025, which are taken on record. He submits that parties have entered into compromise.
2. Heard Sri Saurabh Mishra, learned counsel for the applicant, learned AGA for the State and Sri Neeraj Kumar Mishra,
learned counsel for the opposite party no.2/complainant.
3. The present application u/s 482 Cr.P.C. has been filed with a prayer to quash the impugned Non Bailable Warrant order dated 19.03.2025 passed/issued by the Special Judge, POCSO Act, Ambedkar Nagar in Session Trial No.14 of 2023 (State Vs. Dharmendra) arising out of Case Crime No.226 of 2022, under Sections 363, 366 of IPC and Section 7/8 of POCSO Act, Police Station Ibrahimpur, District Ambedkar Nagar.
4. The FIR has been lodged under Sections 366 and 363 IPC and subsequently Section 7/8 of POCSO Act was also added. In the instant case, accused Dharmendra is present in the court who has been identified by his counsel Sri Saurabh Mishra and the victim Saraswati is also present who has been identified by Sri Neeraj Kumar Mishra, learned counsel for the complainant.
5. In paragraph 15 of the affidavit filed in support of the
application it is stated that applicant and the victim have solemnized marriage on 01.03.2025.
6. It is submitted that since the applicant has married and the factum of the marriage is admitted by the victim, and under the bone fide impression, the applicant has solemnized the marriage, he did not appear before the Trial Court on the date fixed i.e. on 19.03.2025.
7. Considering the facts and circumstance of the case, for the period of one month from today, the impugned order dated 19.03.2025 shall remain stayed.
8. It is informed that the next date fixed in the trial Court is 09.05.2025, accordingly, applicant is directed to appear before the trial court on the next date fixed. In case, the applicant does not appear on the next date fixed, the Trial Court is at liberty to proceed further in accordance with law.
9. The Application u/s 482 Cr.P.C. is disposed off, accordingly.
Order Date :- 18.4.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad, Lucknow Bench