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2025 DAILYLAW 20382 (ALL)

NIKHIL @ MUNNA BHARTIYA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

A482/12057/2023 · 2025-07-24

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123530 Court No. - 76 Case :- APPLICATION U/S 482 No. - 12057 of 2023 Applicant :- Nikhil @ Munna Bhartiya And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Joveen Kumar Counsel for Opposite Party :- G.A.,Om Prakash Mishra,Shiva Shanker Yadav,Tarun Kumar Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicants, Sri Om Prakash Mishra, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Special Trial No.233 of 2022, State Vs. Nikhil @ Munna Bhartiya, arising out of Case Crime No.0179 of 2021, under Sections 323, 366, 376 I.P.C. and 3/4 POSCO Act, Police Station Naini, District Prayagraj pending in the court of Special Judge POCSO Act, Allahabad along with charge sheet dated 15.7.2022. 3. It is submitted by learned counsel for the applicants that the applicant no.1 is the accused and applicant no.2 is the victim and both have married each other. The informant is the mother of the applicant no.2. 4. Sri Om Prakash Mishra, learned counsel for the informant submits that the informant does not want to press the criminal prosecution against the applicants as the victim has married applicant no.1. 5. Learned A.G.A. has no objection. 6. In view of the subsequent development that the applicant no.1 and the victim-applicant no.2 are living together, the aforesaid case is hereby quashed. The present application is allowed. Order Date :- 25.7.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad