RAM NIRANJAN PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS
A482/6350/2025 · 2025-11-18
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175530 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175530 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6350 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant and the learned AGA. 2. Vide order dated 17.10.2025 passed on C.M.A. No. 3 of 2025, the order dated 09.10.2025 was recalled. 3. The order dated 09.10.2025 is hereby replaced and shall be read as under:-
"1. Heard learned counsel for the applicant, learned A.G.A. for the State. 2. The present application has been filed with the prayer to quash the entire criminal proceeding of the S.T. No.1376 of 2020 under Section 363, 366, 376 I.P.C. and Section 5(J)(ii)/6 of POCSO Act and Section 3(2)(v) SC/ST Act, Police Station Chinhat, District Lucknow. 3. Learned counsel for the applicant submits that prosecution in question was initiated by father of the victim. He also submits that victim was willing to solemnize marriage with the applicant, as a result, she left her house and joined the company of the applicant on her own. He further submits that statement of the victim was recorded by the Investigating Officer, in which, she categorically denied the prosecution version. He also submits that as per the school leaving certificate, she was aged about 17 years at the time of marriage and now she is major and applicant & Versus Counsel for Applicant(s) : Mohd Najrul Abdeen, Prince Kumar Tripati Counsel for Opposite Party(s) : G.A., Shaista Parveen Ram Niranjan Pandey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s)
victim are enjoying their matrimonial life with having two kids. 4. Learned counsel for the complainant submits that complainant of the present case is also willing to withdraw the prosecution against the applicant as his daughter & applicant are enjoying their matrimonial life. 5. Learned A.G.A. oppose the prayer of the applicant and submits that victim was minor at the time of incident but he does not dispute the fact that now she is major and enjoying her matrimonial life with the applicant. 6.
Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that applicant and victim are enjoying their matrimonial life and having two kids and victim stated that she does not want to prosecute the applicant, therefore, this Court is of the view that present application is liable to be allowed, accordingly, the same is hereby allowed. 7. The impugned proceeding of S.T. No.1376 of 2020 under Section 363, 366, 376 I.P.C. and Section 5(J)(ii)/6 of POCSO Act and Section 3(2)(v) SC/ST Act, Police Station Chinhat, District Lucknow is hereby quashed. 8. Office is directed to communicate this order to the Court below forthwith." November 18, 2025 Anurag A482 No. 6350 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench