BHALLU AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/6048/2025 · 2025-08-11
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153706 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153706 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46864 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6048 of 2025 Applicant :- Bhallu And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Anil Kumar Shukla Hon'ble Shree Prakash Singh,J.
1. Counter affidavit filed by Shri Anil Kumar Shukla, learned counsel for the opposite party nos.2 (complainant) is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, Shri Anil Kumar Shukla, learned counsel for the opposite party no.2 and perused the record. 3. By means of the instant application, the applicants have prayed to quash the entire proceeding of Criminal Case No.1965 of 2013 (State Vs. Bhallu) pending before the A.C.J. (S.D.) Court No.20, Lucknow including the Charge Sheet No.192 of 2013, dated 09.9.2013 submitted in Case Crime No.277/2013, U/s 363/366/376/494 IPC, Police Station- Kakori, District-Lucknow. 4. The learned counsel for the applicants submits that the complainant (mother of the alleged victim) lodged first information report on 08.05.2013 which is registered as Case Crime No.277 of 2013 under Sections 363, 366, PS- Kakori, District- Lucknow. He added that after the investigation, charge-sheet was filed but the circumstances are otherwise as, the alleged victim was in physical relation with the applicant no.1- Bhallu and she performed marriage with him in the year 2013, and thereafter, they are living as husband and wife and they are also having a child aged about 4 years, from their wedlock. He further submits that now the complainant/mother of the victim is also agreed with the relation of the victim with the applicant no.1, as she was informed that the applicant no.1 and the alleged victim have performed marriage and they are having a child aged about 4 years, from their wedlock. He further added that in the above-noted circumstances, allowing the further criminal proceeding would amount to harassment as well as abuse of process of law. 5.
Adding to his argument, he submits that taking note of fact, this Court while passing the order dated 25.06.2025 referred the matter to the learned trial court for verifying the compromise
deed dated 09.06.2025 entered into between the parties and the learned trial court has verified the same vide order dated 08.07.2025 and both the orders are appended as Annexure Nos.1 and 3 respectively along with this application. He further submits that now there is no dispute in between the parties and if, the criminal proceeding is not quashed, the marital life of the applicants would be ruined. Thus, submission is that the criminal proceeding against the applicants may be quashed. 6. On the other hand, learned counsel for the opposite party no.2 (complainant) has also supported the version of the learned counsel for the applicants and submitted that the daughter of the complainant i.e. victim has performed marriage with the applicant no.1 and she is happily living with him. Thus, submission is that the criminal proceedings against the applicants may be dropped. 7. Learned AGA appearing for the State has opposed the
contentions aforesaid but he has no objection if, the victim has performed marriage with the applicant no.1.
8. Considering the submissions of the learned counsel for the parties and after going through the contents of application as well as affidavits filed today, it transpires that the parties have settled their dispute amicably as the first information report was lodged on misconception. The fact remains that the applicant no.1 has performed marriage with the victim and they are having a child aged about 4 years from their wedlock and they are enjoying their married life. This Court, considering this fact, referred the matter for verification before the trial court, whereafter, the same has been verified as the parties have appeared before the trial court and have verified the compromise deed.
9. In view of the above, this Court finds merit in this application, therefore, the present application is allowed and the entire proceeding of Criminal Case No.1965 of 2013 (State Vs. Bhallu) pending before the A.C.J. (S.D.) Court No.20, Lucknow including the Charge Sheet No.192 of 2013, dated 09.9.2013 submitted in Case Crime No.277/2013, U/s 363/366/376/494 IPC, Police Station- Kakori, District- Lucknow are hereby quashed.
10. Consequences to follow.
11. Consigned to record.
Order Date :- 11.8.2025/V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench