HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 1825 of 2016 And Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the Pravin Kumar Verma and Sri Vivek Kumar Verma, learned counsels for the applicants, learned A.G.A. for the State and perused the material placed on record. The application under section 482 Cr.P.C./528 of the B.N.S.S., 2023, bearing no. 1825 of 2016, has been filed with the prayer to set aside/quash the impugned summoning order dated 03.03.2016 passed by the Judicial Magistrate-First, Faizabad in Crl. Case No. 180 of 2016, State Versus Manoj Kumar and others and the impugned Charge Sheet No.85-A of 2015 dated 08.01.2016 filed in Case Crime No.106 of 2015, under sections 363, 366, 368 of I.P.C. P.S. Kumarganj, District-Faizabad as contained in Annexure no.1 and 2 respectively to this petition and further the entire criminal proceedings initiated against the petitioners be also quashed. Versus Counsel for Applicant(s) : Shamshad Ahmad Khan, Pravin Kumar Verma, Vivek Kumar Verma Counsel for Opposite Party(s) : Govt. Advocate, Beant Singh Versus Counsel for Applicant(s) : Shamshad Ahmad Khan, Pravin Kumar Verma, Vivek Kumar Verma Counsel for Opposite Party(s) : Govt. Advocate, Beant Singh Manoj Kumar And Ors. .....Applicant(s) State Of Up And Ors. .....Opposite Party(s) Ram Ausan And Anr. .....Applicant(s) State of U.P. and Others .....Opposite Party(s) The application under section 482 Cr.P.C./528 of the B.N.S.S., 2023, bearing no. 2670 of 2016, has been filed with the prayer to set aside/quash the impugned Charge Sheet No.85 of 2015 dated 24.07.2015 filed in Case Crime No.106 of 2015, under sections 363, 366, 368 of I.P.C. P.S. Kumarganj, District-Faizabad. On 08-08-2025, the following order was passed in the Application under section 482 Cr.P.C./528 of the B.N.S.S., bearing no. 1825 of 2016:- "Heard learned counsel for the applicants, learned counsel for the complainant, learned A.G.A. for the State and perused the material placed on record. The instant application under section 482 Cr.P.C./528 of the B.N.S.S., 2023, has been filed with the prayer to set aside/quash the impugned summoning order dated 03.03.2016 passed by the Judicial Magistrate-First, Faizabad in Crl. Case No. 180 of 2016, State Versus Manoj Kumar and others and the impugned Charge Sheet No.85-A of 2015 dated 08.01.2016 filed in Case Crime No.106 of 2015, under sections 363, 366, 368 of I.P.C. P.S. Kumarganj, District-Faizabad as contained in Annexure no.1 and 2 respectively to this petition and further the entire criminal proceedings initiated against the petitioners be also quashed. It has been argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in the instant matter. He submits that the applicant no. 1 has performed marriage with opposite party no. 3/victim and there are two children from their wedlock. He submits that the chargesheet has been filed without recording the statement of the alleged victim and considering the aforesaid infirmities, this court vide order dated 29-04-2016, stayed the criminal proceedings against the applicants. He next submits that allowing further criminal proceedings against the applicants, would ruin the martial of the applicant no 1 as well as the opposite party no. 3. Thus, submission is that the criminal proceedings initiated against the applicants may be quashed. On other hand, learned counsel appearing for the opposite party no. 3 has supported the version of the learned counsel for the applicants and submitted that the grandfather of the opposite party no. 3 had lodged the first information report, who died. Learned counsel for the State though has opposed the matter on merits, but, he has no objection if the victim and the applicant no. 1 have performed A482 No. 1825 of 2016 2 marriage. Considering the submissions of learned counsels for the parties, list/put up this matter on 17-09-2025 at 02.15 P.M.. The applicant no. 1 as well as the opposite party no. 3 shall remain present before this court on the said date so as their statements could be recorded. Learned counsels for the respective parties shall inform this order to their clients. " In compliance of the order aforesaid, the applicant no. 1, Manoj Kumar as well the victim are present in person before this court. On query being asked, the victim, Ms. Garima, submits that her grandfather was annoyed with the applicant no. 1, Manoj Kumar and therefore, the first information report was lodged against him, though, she was major at the time of the alleged incident and she performed marriage with the applicant no. 1 and there are two children from their wedlock. She next submits that criminal proceedings against the applicants may be dropped, otherwise, she will again face trauma. The applicant no. 1 has also reiterated the aforesaid version of the victim. Learned counsel for the applicants and learned counsel for the opposite party no. 3 have jointly prayed that since the applicant no. 1 and the alleged victim have performed the marriage and the complainant, who is grandfather, has died 'thus' in the ends of interest of justice, the criminal proceedings against the applicants, may be quashed. Learned counsel for the State has no objection to the contentions aforesaid. Having heard the submissions of learned counsels for the parties and after perusal of records, including the statements of the victim as well as the applicant no. 1, the criminal proceedings arising out of Case Crime No.106 of 2015, under sections 363, 366, 368 of I.P.C. P.S. Kumarganj, District-Faizabad, are hereby quashed, considering the law settled by the Hon'ble Apex Court in the case of Vishwas Bhandari v. State of Punjab and another reported in (2021) 2 A482 No. 1825 of 2016 3 Supreme Court Cases 605, Criminal Appeal No.105 of 2021, dated 03.02.2021. Both the applications are allowed. Consequences to follow. Consigned to records. September 17, 2025 AKS A482 No. 1825 of 2016 4 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench