KANDHAI @ KANDHAIYY LAL v. STATE OF U.P. THRU. SECY. HOME DEPTT. and ANR.
A482/8288/2019 · 2025-10-10
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198694 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198694 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8288 of 2019 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the summoning order dated 13.10.2017 and charge sheet no.8/2016 dated 17.1.2016 in Special Case No.147/2017, Crime No.08/2016 under Sections 363/366 I.P.C. and 16/17 Protection of Children from Sexual Offences Act, Police Station Imaliya Sultanpur, District - Sitapur. 3. Learned counsel for the applicant submits that applicant has falsely been implicated in the present case due to annoyance. During the course of investigation, statement of the victim was recorded under Sections 161 as well as 164 Cr.P.C., in which, she categorically stated that she was beaten by her parents and basic amenities were also not provided to her, as a result, she left her house and went to house of her sister on her own, she also requested to be allowed to live with her sister Mula, then she was being beaten by her parents. She also stated that village pradhan told her that in case, she goes to Mula, then she will be burnt. Learned counsel for the applicant also submits that she has not supported the prosecution version even then charge sheet was submitted against the applicant. He further submits that marriage of the victim is already solemnized with Dharmendar Kumar and she is enjoying her matrimonial life and does not want to Versus Counsel for Applicant(s) : Sunil Kumar, Sunil Kumar Counsel for Opposite Party(s) : G.A., Vinay Kumar Singh Kandhai @ Kandhaiyy Lal .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. And Anr. .....Opposite Party(s)
prosecute the applicant, therefore, impugned proceedings may be quashed. 4. Learned counsel for the complainant also submits that victim went to the house of her sister on her own but the F.I.R. was lodged as she has not supported the prosecution version and does not want to prosecute the applicant. 5. Learned A.G.A. oppose the prayer of the applicant but he does not dispute the fact that victim has not supported the prosecution version in the statement recorded under Section 161 as well as 164 Cr.P.C.
6.
Considering the submissions of learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. and going through the statement of the victim recorded under Sections 161 as well as 164 Cr.P.C. and the settlement between the complainant, as the victim is enjoying her matrimonial life and has not supported the prosecution version in her statements, therefore, this Court is of the view that trial of the impugned proceeding is futile one. 7. In view of the above, present application is allowed and impugned proceeding is hereby set aside. October 10, 2025 GauraV/- A482 No. 8288 of 2019 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench