ABHISHEK SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS
A482/11048/2024 · 2025-09-17
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169449 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169449 (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. - 11048 of 2024 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant,learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed by the applicant for quashing of the chargesheet dated 13.02.2020 in Sessions Trial No. 1618 of 2022; State Vs. Abhishek Singh, arising out of Case Crime No. 237 of 2018, under Sections 363/366/376/342 IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 (POCSO) Act, Police Station Vikas Nagar, District Lucknow and summoning order dated 24.08.2022. On 08-08-2025, the following order was passed:-
"Heard learned counsel for the applicant, Ms. Nivedita Gupta, learned counsel for the informant and learned AGA for the State. The instant application under Section 482 Cr.P.C. has been filed by the applicant for quashing of the chargesheet dated 13.02.2020 in Sessions Trial No. 1618 of 2022; State Vs. Abhishek Singh, arising out of Case Crime No. 237 of 2018, under Sections 363/366/376/342 IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 (POCSO) Act, Police Station Vikas Nagar, District Lucknow and summoning order dated
24.08.2022. It is argued by learned counsel for the applicant that father of the victim has lodged the First Information Report under annoyance, though no such incident has ever taken place. He submits that the victim was in love with the applicant and subsequently, she performed marriage with the applicant and marriage Versus Counsel for Applicant(s) : Jay Kumar Soni, Amit Kumar Counsel for Opposite Party(s) : G.A., Nevedita Gupta Abhishek Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others .....Opposite Party(s)
certificate has also been issued by the Marriage Registration Officer on
24.07.2018. He submits that now the applicant as well as the victim are living peacefully as husband and wife and, such, allowing the criminal proceedings would ruined the marital life, thus, submission is that the criminal proceedings against the applicant may be quashed. On the other hand, learned counsel appearing for informant has supported the version of learned counsel for the applicant.
In view of the aforesaid, the applicant as well as the victim are directed to remain present before this Court on 17th of September, 2025 at 02:15 p.m. List/put up this matter on 17.09.2025 at 02:15 p.m. Till the next date of listing, further proceedings of Sessions Trial No. 1618 of 2022; State Vs. Abhishek Singh, arising out of Case Crime No. 237 of 2018, under Sections 363/366/376/342 IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 (POCSO) Act, Police Station Vikas Nagar, District Lucknow, shall remain stayed." In compliance of the order aforesaid, the applicant as well as the alleged victim namely, Shalini Singh, are present in person before this court. On query being asked, she submits that under certain misconception, the first information report was lodged by her father, though there is no truthfulness in the same. She added that she was major at the time of the alleged incident and she has performed marriage with the applicant and there is a child of one year from their wedlock. She submits that the criminal proceedings against the applicant may be dropped. The father incidently is also present in person before this court, who is complainant and stated that under some misunderstanding, he had lodged the first information report and now, his daughter as well as the applicant have performed the marriage and they are living happily as husband and wife and he is not intended to pursue the criminal prosecution against the applicant.
Learned counsel appearing for the applicant submits that the criminal proceedings against the present applicant may be dropped.
Learned counsel for the State has no objection if the applicant and A482 No. 11048 of 2024 2
the alleged victim have performed the marriage. Considering the submissions of learned counsels for the parties including the statements of the victim as well as the complainant including the applicant, this court finds that this matter is squarely covered with the ratio of Judgment in the case of Vishwas Bhandari v. State of Punjab and another reported in (2021) 2 Supreme Court Cases 605, Criminal Appeal No.105 of 2021. Consequently, the criminal proceedings are hereby quashed. Application is allowed accordingly. Consequences to follow. Consigned to record. Personal appearance of the victim is hereby exempted. September 17, 2025 AKS A482 No. 11048 of 2024 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench