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2025 DAILYLAW 162672 (ALL)

SULTAN ALI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

A482/7474/2025 · 2025-09-16

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7474 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Supplementary Affidavit filed today on behalf of the applicants is taken on record. Sri Dilip Mishra, Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite parties no. 2 & 5 and the same is taken on record. Heard learned counsel for the applicant, Sri Dilip Mishra, learned counsel for the opposite parties no. 2 & 5, learned A.G.A. for the State and perused the record. Instant application under section 482 Cr.P.C./528 of B.N.S.S.,2023, has been filed with the prayer to quash the entire criminal proceeding of S.T. No.307/2022, State V/s Sultan Ali and others, in Case Crime No. 0330/2020 under sections 363, 342, 323, 376 of I.P.C. and section 3/4 of POCSO Act against the petitioner no.1, and under sections 363, 342, 323 of IPC against the petitioner no. 2 and 3, P.S. Patti, District-Pratapgarh, pending in the court of Learned Special Judge, POCSO Act, Pratapgarh, on the basis of Compromise Verification Report dated 07.08.2024, as contained in Annexure No. 6 to this petition. Vide order dated 30-07-2024 passed in Application U/s 482 Cr.P.C. bearing no. 3064 of 2023, the matter was referred to the learned trial Versus Counsel for Applicant(s) : Ranjeet Pratap Singh Counsel for Opposite Party(s) : G.A., Dilip Mishra Sultan Ali And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) court for verification of the compromise deed dated 28-11-2022 and the same has been verified by the learned trial court vide order dated 07-08-2024. It is apparent that the charges are levelled against the applicants under sections 363, 342, 323 of I.P.C. and section 3/4 of the POCSO Act, at Police Station-Patti, District-Pratapgrah. Learned counsels for both the parties have jointly prayed that though the applicant no. 1 and opposite parties no. 2 & 5 were not called by this court, but, incidently, the applicant no. 1 and opposite party no. 5, are present in person before this court and they are identified by their respective counsels and if this court so permits, they can be produced before this court. This court finds that the poor persons after travelling kilometers, have come to the court with the intent that they will be given justice and therefore, under the peculiar circumstances, the court allows the applicant no. 1 and opposite parties no. 2 & 5 to be produced before this court so that their statements could be recorded. The applicant no. 1 namely, Sultan Ali and opposite party no. 5, Ms. Jainab Bano, with their 3 years child, are present in person before this court. On query being asked, opposite party no. 5, Ms. Jainab Bano stated that due to annoyance, her father lodged the first information report, though she was major at that time. She submits that she has performed marriage with applicant no. 1, Sultan Ali with her own sweet will, and she is residing with her as husband and wife and there is a 3 year old child from their wedlock. The applicant no. 1, Sultan Ali, has also reiterated the aforesaid statement before this court. Learned counsel for the applicants submits that the complainant is also the party in the compromise deed dated 28-11-2022 as good sense prevailed and now he is pleased with the marriage of the applicant no. 1 and the opposite party no. 5 and there is no further A482 No. 7474 of 2025 2 grudge at all. He added that no fruitful purpose would be sub-served if this Hon'ble Court is pleased to allow the criminal proceedings to go on as the same shall vanish the marital life of the both the parties. Learned counsel appearing for the alleged victim/opposite party no. 5 has also supported the version of the learned counsel for the applicants. Learned counsel appearing for the State though has opposed the contentions aforesaid, but, he has no objection if the parties have performed their marriage and they are living as husband and wife and there is 3 years old child from their wedlock. Having heard learned counsels for the parties and after perusal of the records, it transpires that the first information report was lodged by the father of the opposite party no. 5 and subsequently, the development took place as the opposite party no. 5 with her own sweet will, performed the marriage with applicant no. 1 and now both are major and there is 3 year old child from their wedlock as the child has also been produced before this court. This court finds that allowing further criminal proceedings would sub.serve no purpose, rather this will ruin the marital life of the applicant no. 1 and opposite party no. 5. Further the opposite party no. 5 shall again meet with trauma if the criminal proceedings against her husband and other family members, are allowed to continue. Considering all over facts and circumstances, this court finds merit in this application, thus, the application is hereby allowed. Consequently, the criminal proceedings arising out of Case Crime No. 0330/2020 under sections 363, 342, 323, 376 of I.P.C. and section 3/4 of POCSO Act against the petitioner no.1, and under sections 363, 342, 323 of IPC against the petitioner nos. 2 and 3, P.S.-Patti, District-Pratapgarh, are hereby quashed. Consequences to follow. A482 No. 7474 of 2025 3 Consigned to records. September 16, 2025 AKS A482 No. 7474 of 2025 4 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench