BALRAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
A482/8549/2024 · 2025-08-12
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160774 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160774 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47186 Court No. - 14 Case :- APPLICATION U/S 482 No. - 8549 of 2024 Applicant :- Balram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Applicant :- Anubhav Awasthi,Varsha Pandey Counsel for Opposite Party :- G.A.,Vikas Yadav Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the parties and perused the record. 2. Supplementary affidavit, filed on behalf of the applicant, is taken on record. 3. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of Sessions Case No.1291/2022 (State Vs. Balram and others) arising out of FIR No.0138/2022, under Sections 363, 366, 376D, 323 and 342 IPC read with Section 5/6 POCSO Act lodged at Police Station Ghunghter, District Barabanki, pending in the Court of learned Additional District and Sessions Judge/Special Judge, Court No. 44, Barabanki, to quash the charge-sheet dated 17.07.2022 filed in the aforesaid FIR as well as to quash the order dated 21.09.2022 passed in the aforesaid case. 4. In compliance of the order dated 04.08.2025 passed by this Court in the instant application, the alleged victim and the applicant are present along with their one year old male child. On query being asked, the alleged victim replied that under some misconception the FIR was lodged by her mother and subsequently by her maternal uncle. She further stated that the applicant has not committed any offence and she has performed marriage with the applicant out of her own sweet-will and there is a male child of one year from their wedlock. 5. Contention of learned counsel for the applicant is that since the applicant and the alleged victim have performed marriage and there is one year old male child from their wedlock, continuance of the criminal proceeding would ruin their marital life. His submission is that the impugned criminal proceedings, arising out of the FIR No.0138/22, under Sections 363, 366, 376D, 323 and 342 IPC read with Section 5/6 POCSO Act lodged at Police Station Ghunghter, District Barabanki may be quashed. 6. On the other hand, learned counsel appearing for the opposite party no. 2/alleged victim has supported the version of learned counsel for the applicant and submitted that he has filed a short counter affidavit wherein he has taken specific plea that the opposite party no.
2/alleged victim is living as wife with the applicant after performing marriage and she does not want to proceed with the criminal proceedings any further. 7. Considering the submission advanced by learned counsel for both the parties, the statement of the alleged victim that she has performed marriage with the applicant and there is a male child of one year from their wedlock and they are enjoying the marital life peacefully the criminal proceedings are liable to be quashed. 8. Resultantly, the entire criminal proceedings of Sessions Case No.1291/2022 (State Vs. Balram and others) arising out of FIR No.0138/22, under Sections 363, 366, 376D, 323 and 342 IPC read with Section 5/6 POCSO Act lodged at Police Station Ghunghter, District Barabanki, pending in the Court of learned Additional District and Sessions Judge/Special Judge, Court No. 44, Barabanki, including the charge-sheet dated 17.07.2022 and the order dated 21.09.2022 passed in the aforesaid case are hereby quashed. 9. The instant application is allowed accordingly. 10. Consign to record. [Shree Prakash Singh,J.] Order Date :- 12.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench