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2025 DAILYLAW 187070 (ALL)

SHIVAM YADAV AND 3 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 2 OTHERS

A482/10206/2025 · 2025-12-05

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10206 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Short counter affidavit filed by learned counsel for the private respondents is taken on record. 2. The present application is filed with the prayer to quash the entire proceedings of S.T. No.156 of 2024, Case Crime No.173 of 2023 under Sections 363, 366, 504, 506 I.P.C., Police Station - Kakori, District - Lucknow. 3. In pursuance of earlier order, applicant as well as private respondent are present alongwith their respective counsels. 4. Learned counsel for the applicant submits that applicant no.1 as well as respondent no.3 were willing to solemnize marriage but same is not accepted to the family members, as a result, respondent no.3 joined the company of applicant no.1 and on the basis of incorrect facts, F.I.R. was lodged. He further submits that victim has not supported the prosecution story in the statement recorded under Section 161 as well as 164 Cr.P.C. and now issue has been resolved, therefore, impugned proceeding is liable to be dismissed. 5. Victim states before this Court that she is enjoying her matrimonial life with the applicant no.1 and does not want to prosecute the applicants in the case in question. Versus Counsel for Applicant(s) : Prabhat Kumar Singh, Prem Shankar Counsel for Opposite Party(s) : G.A., Rakesh Kumar Shivam Yadav And 3 Others .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s) 6. Private respondent has also categorically stated that her daughter is enjoying her matrimonial life with the applicant no.1, therefore, he does not want to prosecute the applicants. 7. Learned A.G.A. opposes the prayer of the applicants but he does not dispute the fact that marriage of the victim with the applicant no.1 on the basis of documents annexed with the application as well as Registration Certificate. 8. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, victim has not supported the prosecution version but charge sheet was filed by the Investigating Officer, applicant no.1 as well as victim entered into marriage, which was registered before the Marriage Registrar and they are enjoying their matrimonial life, therefore, this Court is of the view that trial of the case in question is futile one and liable to be set aside. 9. In view of the above, the present application is allowed and impugned proceeding is hereby, set aside. December 5, 2025 GauraV/- A482 No. 10206 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench