BUDHRAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
A482/5334/2025 · 2025-07-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148661 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148661 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37970 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5334 of 2025 Applicant :- Budhram And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Surendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Surendra Kumar Yadav, the learned counsel for the applicants and Sri Angad Kumar Vishwakarma, the learned A.G.A for the State. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicants has sought quashing of the charge sheet no. 31/2024 dated 25.01.2024 as well as summoning order dated 02.04.2025 passed by the Court of learned Additional Chief Judicial Magistrate, Court No.16, Barabanki along with the entire proceedings of Case No. 1396 of 2023 arising out of Case Crime No. 460 of 2023, under Section 366 I.P.C, Police Station Satrikh, District Barabanki. 3. The aforesaid case was instituted on the basis of FIR lodged on 18.11.2023 by Guddu -father of the applicant no.2, stating that the applicant no.1 had enticed away the informant's daughter Shivanki- applicant no.2 in the night of 07.11.2023. 4. In her statement recorded under Sections 161 and 164 Cr.P.C, the applicant no.2 did not level any allegation against the applicant no.1. After investigation, the Investigating Officer submitted a charge sheet against the applicant no.1 for offence under Section 366 IPC on 25.01.2024 and the trial court has taken cognizance of the offence on 02.04.2025. 5. In the application under Section 482 Cr.P.C jointly filed by the accused and the alleged victim, they have stated that the applicant no.2 has married the applicant no.1 on 24.06.2024. They further stated that the applicant no.2 is living with the applicant no.1 as his wife, she has no means of earning and she is financially dependent on her husband (applicant no.1). The applicant no.2 has filed her affidavit in support of the application seeking quashing of the criminal proceedings. A certificate issued by Gram Panchayat, Dautpur, Vikash Khand Banki, Barabaki has been annexed with the application stating that the informant has died on 28.04.2025. 6.
Keeping in view the peculiar facts and circumstances of the case, the learned A.G.A has fairly stated that the alleged victim herself has joined in filing of the petition seeking quashing of the criminal proceedings inspite of alleging that the applicant no.1 had enticed her away and she has filed her affidavit, the application deserves to be allowed. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged victim herself has come forward to seek quashing of the proceedings stating that she has married the accused person and is living with him as his wife, I am of the view that continuance of criminal proceedings against the applicant no.1 will result in persecution of both the parties, which will not be in the interest of justice. 8. Accordingly, the present petition is allowed and the charge sheet no. 31/2024 dated 25.01.2024 as well as summoning order dated 02.04.2025 along with the entire proceedings of Case No. 1396 of 2023 arising out of Case Crime No. 460 of 2023, under Section 366 I.P.C, Police Station Satrikh, District Barabanki are hereby quashed. . (Subhash Vidyarthi,J.) Order Date :- 4.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench