Neutral Citation No. - 2025:AHC-LKO:35953 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5105 of 2025 Applicant :- Gulfam And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Suresh Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicants as well as short counter affidavit alongwith Vakalatnama filed today by Sri Kamal Kishor Tiwari, Advocate, on behalf of opposite party no. 2, are taken on record. 2. Heard learned counsel for the applicants, learned AGA for the State and Sri Kamal Kishor Tiwari, learned counsel appearing for opposite party no. 2/complainant as well as perused the material available on record. 3. The instant application under Section 482 Cr.P.C. has been filed on behalf of the applicants with the prayer to quash the chargesheet No. 57 of 2016, dated 16.06.2016 in Criminal Case No. 16003 of 2023 (State Vs. Gulfam and others), arising out of Case Crime No. 26 of 2016, under Sections 366, 376, 504, 506 IPC, Police Station Kurwar, District Sultanpur as well as entire proceedings in pursuance thereof, pending in the court of Additional Chief Judicial Magistrate, court no. 21, Sultanpur. 4. Submission of learned counsel for the applicants is that the family members of applicant no. 1 denied the 'nikah' of applicant no. 1 with the complainant, then on the basis of concocted facts, the FIR of case in question was lodged on 21.01.2016 and thereafter the chargesheet was filed by the Investigating Officer. Later on, the issue was resolved in between the parties and on 08.08.2016 the 'nikah' of the applicant no. 1 was solemnized with the complainant and thereafter they are enjoying their matrimonial life. Out of their wedlock, three children were born. He further submits that the applicant no. 1 and the complainant are living together alongwith their children and the complainant does not want to prosecute the applicants, therefore, the impugned proceedings are liable to be set aside. 5. Learned AGA appearing for the State has vehemently opposed the prayer of the applicants and submitted that the Investigating Officer has collected the sufficient evidences and submitted the chargesheet. 6. Learned counsel appearing for the opposite party no. 2/complainant has submitted that the opposite party no. 2/complainant is residing with applicant no. 1 alongwith their children, as the family members of applicant no. 1 denied to solemnize the marriage and thereafter the FIR of the case in question was lodged. As the marriage of the applicant no. 1 and the complainant is already solemnized and they are enjoying their matrimonial life and the complainant does not want to pursue the case; the trial of the case in question would be futile one, therefore, the impugned proceedings may be quashed. 7. The applicant no. 1 as well as the complainant-victim are also present in Court. They have been duly identified by their respective counsels and opposite party no. 2/complainant has also stated that earlier her marriage was fixed with applicant no. 1 but his family members denied the same and the FIR was lodged. Thereafter, 'nikah' was solemnized on 08.08.2016 and she does not want to prosecute the applicants. 8. Considering the submissions of learned counsel for the parties and going through the contents of the chargesheet as well as other relevant material and the statement given by the private respondent/complainant before this Court, as she is enjoying her matrimonial life and after her 'nikah' dated 08.08.2016, she is having three children. In such circumstances, this Court is of the view that the trial of the case in question is futile one. Therefore, the entire proceedings of chargesheet No. 57 of 2016, dated 16.06.2016 in Criminal Case No. 16003 of 2023 (State Vs. Gulfam and others), arising out of Case Crime No. 26 of 2016, under Sections 366, 376, 504, 506 IPC, Police Station Kurwar, District Sultanpur, are hereby set aside. 9. The application is, accordingly, allowed. 10. Office is directed to communicate this order to the learned court below forthwith. Order Date :- 19.6.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench