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2025 DAILYLAW 175046 (ALL)

RAVI @ KRISHNA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

/9605/2025 · 2025-11-19

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9605 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Sri Himanshu Shukla, Advocate has filed power on behalf of the complainant, which is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State. 3. This application has been filed with the following prayer:- "To quash the entire proceeding of Case No. 1551 of 2024 arising out of Case Crime No. 382 of 2024, under Sections 363, 366, I.P.C. and Section 11/12 POCSO Act, 2012, Police Station- Ram Nagar, District- Barabanki, pending in the Court of learned Additional District & Session Judge/Special Judge POCSO Act, Court No.44, District- Barabanki, on the basis of the compromise between the parties". 4. Learned counsel for the applicant submits that the applicant and the victim were in friendship. As the victim was willing to enter into marriage with the applicant, she left her house on her own free will on 27.06.2024 and joined the company of the applicant. Thereafter, they came to Lucknow where they stayed. The F.I.R. of the case in question was lodged by the mother of the victim against the applicant on the basis of incorrect facts. It is further submitted that as soon as the information of lodging of the F.I.R. came into the notice of the victim, she came back. The victim's Versus Counsel for Applicant(s) : Vivek Chandra Counsel for Opposite Party(s) : G.A. Ravi @ Krishna Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) recovery was shown by the Investigating Officer. The victim's statement was recorded under Section 161 Cr.P.C., in which, she categorically denied the prosecution story by stating that she left her house on her own free will and joined the company of the applicant and went with him to Lucknow. The victim has also denied the prosecution story before the doctor during the course of her medical examination. In the victim's statement recorded under Section 164 Cr.P.C., she further denied the prosecution story by stating that the applicant is not at fault as she left her house on her own free will. The charge sheet was submitted by the Investigating Officer by ignoring the statements of the victim. It is next submitted that the marriage of the victim has been solemnized with someone else on the choice of her mother and she is now enjoying her matrimonial life. During the trial of the case in question, the victim as well as the informant of the present case has filed an affidavit before the trial court by stating therein that they do not want to prosecute the applicant. Thereafter, a compromise has been executed between the parties. In this regard, an Application u/s 482 No. 5202 of 2025 was filed before this Court, which was disposed of on 26.06.2025 directing the trial Court to verify the contents of the compromise. The contents of the compromise have already been verified by the competent Court on 10.07.2025, (which is annexed at page no. 26 of the petition). It is lastly submitted that the trial of the case in question is futile exercise, hence, the entire proceedings may be quashed. 5. Learned A.G.A. vehemently opposes the prayer of the applicant. However, he does not dispute the fact that the victim has not supported the prosecution version in her statements recorded under Sections 161 and 164 Cr.P.C. 6. Learned counsel for the complainant submits that the victim has not supported the prosecution version and her marriage has been solemnized on the choice of her mother and she is now enjoying her matrimonial life. He further submits that the settlement agreement has been executed between the parties and the contents of the same have also been verified. 7. Considering the submissions of learned counsel for the parties and A482 No. 9605 of 2025 2 perusing the record, it is evident that the victim has categorically stated during the course of investigation before the Investigating Officer and before learned Magistrate that she left her house on her own free will and the applicant is not at fault. The settlement agreement was filed by the victim as well as her mother before the competent Court, which has been verified by the Court concerned by means of the order dated 10.07.2025 in compliance of direction of this Court dated 26.06.2025. Therefore, this Court is of the view that the trial of the case in question is futile exercise. 8. With above observations, this application is allowed. The entire proceedings of Case No. 1551 of 2024, arising out of Case Crime No. 382 of 2024, under Sections 363, 366, I.P.C. and Section 11/12 P.O.C.S.O. Act, Police Station- Ram Nagar, District- Barabanki, are hereby set aside. 9. Office is directed to communicate this order to the trial Court, forthwith. November 19, 2025 Arpan A482 No. 9605 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench