ANURUDRA TIWARI @ LITTLE TIWARI @ ANURUDRA PRATAP TIWARI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS
/6274/2025 · 2025-08-05
body2025
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[ 2025 DAILYLAW 155092 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155092 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45461 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6274 of 2025 Applicant :- Anurudra Tiwari @ Little Tiwari @ Anurudra Pratap Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others Counsel for Applicant :- Ramkripal Yadav Counsel for Opposite Party :- G.A.,Krishna Gopal Hon'ble Shree Prakash Singh,J. Short counter affidavit and Vakalatnama filed by Sri Krishna Gopal, learned counsel on behalf of the opposite party no.3 is taken on record. Heard learned counsel for the applicant, Sri Krishna Gopal,
learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed for quashing the charge sheet no.1 of 2023 dated 31.10.2023 submitted in Case Crime No.0588 of 2023 under Sections 376, 504, 506 I.P.C., 3/4 POCSO Act, 3(2)(V) SC/ST Act, Police Station Akbarpur, District Ambedkar Nagar and the order dated 10.1.2024 passed by the Additional Sessions Judge/Special Judge (POCSO Act) Ambedkar Nagar in Case No.15 of 2024
"State Vs. Anuruda Tiwari @ Little Tiwari, pending in the court of Additional Sessions Judge/Special Judge (POCSO Act) Ambedkar Nagar against the applicant on the basis of compromise executed between the petitioner and victim.
Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He submits that the alleged victim has performed marriage with the applicant on 7.7.2025 and she is major. He added that due to certain misconception, the mother of the victim has lodged the F.I.R. He also submits that after performing marriage, the applicant and the alleged victim are living as husband and wife peacefully and if the criminal proceedings would be allowed to go on against the applicant, the marital life of both the persons would be ruined. He next submits that the applicant has annexed the compromise deed as Annexure No. 7 to the application, entered into between the parties on 14-7-2025 wherein conditions have been mentioned. He next added that the further criminal proceedings against the
present applicant would be a futile exercise as there is no fate of trial and thus, with a view to settle a family and to meet the ends of interest of justice, the criminal proceedings against the applicants may be quashed. In support of his contentions, learned counsel for the applicant has placed reliance on a judgment rendered in 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 and has referred paragraphs 9 and 10 which read as under:-
"9. We find that the evidence of the prosecutrix and the complainant before the Court shows that there is no allegation whatsoever against the appellant. The main allegation was against Vikram Roop Rai but the prosecutrix married him on 4.8.2013 and had given birth to two children from that wedlock. In the absence of any allegation against the appellant, we find that the continuation of proceedings against him is nothing but an abuse of process of law. 10. Since there is no evidence against the appellant, the proceedings initiated against him on the basis of FIR would be untenable. The High Court was, thus, not justified in dismissing the petition against the appellant." Referring the aforesaid, he submits that Hon'ble Apex Court has settled the controversy and the case of the present applicant is also squarely covered with the ratio of the Judgment aforesaid. On the other hand, learned counsel appearing for opposite party no.
2 supports the version of the learned counsel for the applicant and reiterated that now the opposite party no. 2 has no grievance against the applicant and the daughter of the opposite party no. 2, i.e., victim and the applicant are living with each other and thus, further criminal proceedings against the applicant may be dropped. On the other hand, learned A.G.A. appearing for the State has failed to dispute the contentions aforesaid. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise
requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. For a period of three months, the proceedings of Case No.15 of 2024 "State Vs. Anuruda Tiwari @ Little Tiwari, arising out of Case Crime No.0588 of 2023 under Sections 376, 504, 506 I.P.C., 3/4 POCSO Act, 3(2)(V) SC/ST Act, Police Station Akbarpur, District Ambedkar Nagar, shall remain stayed so far as it relates to the applicant. The office is directed to return the original compromise deed to the learned counsel for the applicant, if any, after taking the photocopy of the same.
Order Date :- 5.8.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench