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2025 DAILYLAW 163022 (ALL)

PAVAN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7428/2025 · 2025-09-15

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7428 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. On 08.09.2025, following order was passed: "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Instant application has been filed with the prayer to quash the charge sheet no.01 of 2024, dated 16.3.2024, cognizance order dated 24.7.2024 taken upon the charge sheet and entire proceedings in Crime No.0059 of 2024 under Sections 363, 366 I.P.C. relating to Police Station Tarabganj, District Gonda in Case No.26960 of 2024, State Vs. Pavan Kumar pending in the court of Additional Chief Judicial Magistrate-I, Gonda. It is argued by the learned counsel for the applicant that initially, the family members of the alleged victim arranged marriage of the victim with the applicant and subsequently, they declined and had broken the same but the victim insisted that she would perform the marriage with the applicant and, thereafter, she solemnized marriage with the applicant and is living with him as husband and wife and there is one year child from their wedlock, which has specifically been mentioned in para 8 and 9 of the application. He argued that the applicant and the alleged victim were major at the time of incident as is evident from the statement of the victim recorded under Sections 161 and 164 Cr.P.C. In support of his contention, he has placed reliance on the judgment rendered by the Apex Court rendered in the case of Vishwas Bhandari v. State Versus Counsel for Applicant(s) : Virendra Kumar Shukla, Shyam Pratap Singh Counsel for Opposite Party(s) : G.A. Pavan Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) of Punjab and another reported in (2021) 2 Supreme Court Cases 605. Thus submission is that criminal proceedings against the applicant may be quashed. On the other hand, learned A.G.A. for the State has opposed the contention aforesaid but he could not dispute the fact that no fruitful purpose would be subserved in case the criminal proceedings against the applicants are allowed to go on. For the foregoing reasons and submissions, the applicant as well as the alleged victim, namely, Rinki are directed to remain present before this Court on 15.9.2025 at 2.15 pm. Learned counsel for the applicant shall inform this order to the applicant as well as the victim. Till the next date of listing, criminal proceedings against the applicants in Case No.26960 of 2024, State Vs. Pavan Kumar arising out of Crime No.0059 of 2024 under Sections 363, 366 I.P.C. Police Station Tarabganj, District Gonda, shall remain stayed. " 2. In compliance of aforesaid order, applicant- Pavan Kumar and victim- Rinki are present in person along with their one year old child and they have been duly identified by their respective counsel. 3. On query being asked to the alleged victim, she replied that due to annoyance, her father had lodged first information report, though, she is major and she has performed marriage with the applicant and there is one year child born from their wedlock. 4. Applicant, who has put in appearance before this Court, has also reiterated the aforesaid statement. 5. In view of the submission of the parties, the present application is allowed and the entire proceedings of Case No.26960/2024, State V/s Pavan Kumar, pending in the court of Additional Chief Judicial Magistrate-I, Gonda including cognizance order dated 24.07.2024 and Charge Sheet dated 16.03.2024 arising out of Case Crime No. 0059/2024, U/S-363, 366 IPC, relating to Police Station-Tarabganj, A482 No. 7428 of 2025 2 District-Gonda are hereby quashed. 6. Presence of the parties are hereby exempted. September 15, 2025 V. Sinha A482 No. 7428 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench