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2025 DAILYLAW 163432 (ALL)

DEEP PRAKASH URF DEEPU AND OTHERS v. STATE OF U.P. THRU. SECY HOME LKO. AND ANOTHER

A482/7565/2025 · 2025-09-15

Shree Prakash Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7565 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Counter affidavit and vakalatnama filed today by Sri Ravendra Pratap Singh on behalf of opposite party no. 2 are taken on record. 2. Heard learned counsel for the applicants, Sri Ravendra Pratap Singh, counsel for opposite party no. 2, learned A.G.A. for the State and perused the records. 3. Instant application has been filed with the prayer to quash the chargesheet no. 01 dated 27.02.2019, summoning order dated 18.03.2019 in Sessions Trial No. 1068 of 2022 airing out of Case Crime No. 17 of 2019 u/s 376, 504 and 506 of IPC at P.S. Sohramau District Unnao. 4. It is argued by learned counsel for the applicants that an F.I.R. was lodged by opposite party no. 2, Priyanka, against the applicants, which was registered as case crime no. 17 of 2019 under sections 376, 504, and 506 of the IPC, though there is no truthfulness in the same and that was lodged because of annoyance. He submitted that the applicant no. 1 and opposite party no. 2 are major and they have performed marriage and the same was also registered on 22.08.2025 in the Office of the Marriage Registration Officer appended along with this application. He also submitted that there is no dispute between the parties and since the parties have performed their marriage and they are living as husband and wife, thus, allowing the further criminal proceedings would ruin their marital life. In support of his contention, Versus Counsel for Applicant(s) : Lokendra Kumar Gupta Counsel for Opposite Party(s) : G.A., Ravendra Pratap Singh Deep Prakash Urf Deepu And Others .....Applicant(s) State Of U.P. Thru. Secy Home Lko. And Another .....Opposite Party(s) he has placed reliance on the judgment 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 and has placed reliance on paragraphs 9 and 10 and the same are extracted hereunder:- "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." 5. Referring the aforesaid, he submits that the further proceeding will amount to harassment of the present applicants and thus the criminal proceedings against the applicants may be quashed. 6. Learned counsel appearing for the opposite party no. 2 has also supported the version of counsel for the applicants and submitted that the opposite party no.2, under some misconception, lodged the first information report, now, there is no dispute between the parties, therefore, the submission is that the criminal proceeding against the applicants may be dropped. 7. Learned A.G.A appearing for the State has opposed the contentions aforesaid, but he could not dispute the ratio of the judgment in Vishwas Bhandari(Supra). 8. Considering the submissions of counsel for the parties, particularly the fact that the applicant no. 1 and opposite party no. 2 are major and they have performed marriage and that has been registered in the Office of the Marriage Registration Officer on 22.08.2025. 9. Accordingly, entire criminal proceedings against the applicants in chargesheet no. 01 dated 27.02.2019, summoning order dated 18.03.2019 in Sessions Trial No. 1068 of 2022 airing out of Case Crime No. 17 of 2019 u/s 376, 504 and 506 of IPC at P.S. Sohramau A482 No. 7565 of 2025 2 District Unnao., are hereby quashed. 10. The application is allowed accordingly. 11. Consigned to the records. September 15, 2025 Mayank A482 No. 7565 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench