LUCKY JAISWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
CRLA/2310/2025 · 2025-09-26
Shree Prakash Singh
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 154551 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154551 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2310 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. On 18.09.2025, the following order was passed:-
"1. Counter affidavit, filed on behalf of opposite party nos. 2 and 3, is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. It is argued by learned counsel for the appellant that under some misconception the FIR was lodged by elder sister of the alleged victim and thereafter the alleged victim performed marriage with the applicant on 28.04.2025 and they are living as husband and wife. He submits that now both are major and are living peacefully and, therefore, allowing criminal proceeding would vanish their marital life. He submits that the complainant has also no objection to the aforesaid submissions. 4. On the other hand, learned counsel for the opposite party nos. 2 and 3 has also supported the version of learned counsel for the applicant. 5. Learned AGA for the State has no objection. 6. In view of aforesaid submissions and reasons, opposite party no. 3 and the applicant are directed to remain present before this Court on 26.09.2025 at 2.15 p.m.
7. List/put up this matter on 26.09.2025 at 2.15 p.m.
8. The respective counsels shall inform their clients about this order. 9. Till the next date of listing, further proceedings, arising out of Case Crime No.0203/2023, under Sections 363 and 366 IPC read with Sections 3(2)V SC/ST Act lodged at Police Station Hazratganj, Lucknow, shall remain stayed." Versus Counsel for Appellant(s) : Bajhul Quamar Siddiqui, Gyan Sagar Gupta Counsel for Respondent(s) : G.A., Mohd. Arshad Khan Lucky Jaiswal .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Respondent(s)
In compliance of the order aforesaid, the opposite party no. 3, Chandni and the appellant, Lucky Jaiswal are present before this court. On query being asked to opposite party no. 3, she replied that her elder sister i.e. opposite party no. 2 had lodged the first information report under certain misconception, though, she with her own sweetwill has performed marriage with the appellant. She submits that she is living with the appellant as a wife peacefully and therefore, the criminal proceeding against the appellant may be dropped. The appellant has also reiterated the aforesaid version.
The counsel for the parties have jointly prayed that the present matter is covered with the ratio of the judgment rendered in the case of Vishwas Bhandari v. State of Punjab and another reported in (2021) 2 Supreme Court Cases 605, Criminal Appeal No.105 of 2021, dated 03.02.2021, thus, the criminal proceedings against the appellant may be dropped. The learned counsel for the State has no objection. I have considered the submission of counsel for the parties and particularly the statement of the opposite party no.3 that she is major and has performed the marriage with the appellant coupled with the fact that the instant matter is covered with the ratio of judgment of Vishwas Bhandari (Supra). Consequently, the entire proceedings of Sessions Trial No. 2842 of 2024 arising out of Case Crime No.0203/2023 under Sections 363 and 366 IPC read with Sections 3(2)V SC/ST Act at Police Station Hazratganj, District Lucknow, chargesheet not 01/2024 dated 31.05.2024, summoning order dated 29.11.2024 are hereby quashed. The appeal is allowed accordingly. Consequences to be followed. Consigned to records. The personal appearance of opposite party no. 3, Chandni and the appellant , Lucky Jaiswal is hereby exempted. September 26, 2025 Mayank CRLA No. 2310 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench