SUNIL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS
/7680/2025 · 2025-09-23
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163436 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163436 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7680 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Vakalatnama filed today by Shri Suraj Singh, Advocate on behalf of opposite party no.3 is taken on record.
2. On 15.09.2025, the following order was passed:-
"Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed on behalf of the applicant with the prayer to quash the chargesheet dated 29.03.2023 in Criminal Case No. 665 of 2023; State of U.P. Vs. Sunil, arising out of Case Crime No. 545 of 2022, under Sections 363, 376 IPC, Sections 3/4(2) of POCSO Act and Sections 3(2)5 of SC/ST Act, Police Station Ramgaon, District Bahraich and summoning order dated 13.06.2023 passed by Additional Sessions Judge/Special Judge (POCSO Act), Bahraich.
Learned counsel appearing for the applicant submits that applicant is innocent and he has falsely been implicated in the instant matter. He submits that due to annoyance of the father of the victim, the First Information Report was lodged. He added that the applicant and the victim are major and they have performed the marriage and there is one child out of their wedlock. He submits that allowing the present criminal proceedings further, would amount to vanish their martial life, thus, submission is that the criminal proceedings against the applicant may be quashed.
Learned Counsel for the State has opposed the contentions aforesaid but he has no objection, if the parties have performed the marriage and there is one child out of their wedlock. In view of the aforesaid, list/put up this matter on 23rd of September, 2025 at 02:15 Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Sunil .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s)
p.m. The applicant and the victim are directed to remain present before this Court on the next date fixed. Till the next date of listing, further proceedings of Criminal Case No. 665 of 2023; State of U.P. Vs. Sunil, arising out of Case Crime No. 545 of 2022, under Sections 363, 376 IPC, Sections 3/4(2) of POCSO Act and Sections 3(2)5 of SC/ST Act, Police Station Ramgaon, District Bahraich, shall remain stayed. Let this order be communicated to the victim by learned counsel for the applicant. "
3. In compliance of the order aforesaid, the opposite party no.3/ victim - Ranjana is present before this Court and she has been identified by her counsel in the Court Room. 4. On query being asked, she submitted that she is major and she has performed marriage with the applicant - Sunil and there is a child from their wedlock. She submits that due to annoyance, the father has lodged the FIR though there is no truthfulness to the same. The applicant has also reiterated the aforesaid statement. 5. Both the counsels have agreed that since the alleged victim have performed marriage with the applicant and there is a child from their wedlock, therefore, the criminal proceeding initiated against the applicant may be quashed. 6. Considering the submission of learned counsel for the parties, particularly the statement of the victim, the proceedings of Criminal Case No. 665 of 2023; State of U.P. Vs. Sunil, arising out of Case Crime No. 545 of 2022, under Sections 363, 376 IPC, Sections 3/4(2) of POCSO Act and Sections 3(2)5 of SC/ST Act, Police Station Ramgaon, District Bahraich against the applicant, are hereby quashed. 7. The appearance of the opposite party no.3 and the applicant are hereby exempted. 8. Office is directed to communicate this order to the trial court concerned. 9. Consequences to follow. 10. Consigned to record. September 23, 2025 Mohd.
Sharif A482 No. 7680 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench