SMT. SUHANI AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
CRLP/8836/2023 · 2025-05-13
Madan Pal Singh, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 32382 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32382 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:78829-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 8836 of 2023 Petitioner :- Smt. Suhani And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dileep Kumar Singh,Manoj Gautam Counsel for Respondent :- G.A.,Manish Chand Umrao Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. A First Information Report was lodged against the petitioner no.2 under sections 363 and 366 of Indian Penal Code which had given rise to Case Crime No.100 of 2023. The accused and the victim had jointly filed the instant writ petition for quashing of the FIR dated 12.5.2023, wherein on 24.7.2023 the following order was passed :-
"Counter affidavit filed on behalf of the respondent no. 5 in Court today, is taken on record.
Learned counsel for the petitioners states that he does not want to file rejoinder affidavit. Heard learned counsel for the petitioners, learned counsel for the first informant and learned A.G.A. for the State. The instant writ petition seeks quashing of the FIR dated 12.05.2023 giving rise to Case Crime No.0100 of 2023, under Sections 363, 366 I.P.C., Police Station- Kotwali Konch, District- Jalaun. The contention of learned counsel for the petitioners is that the petitioner no.1, the alleged victim is major as per the impugned FIR, itself. She and petitioner no.2 have solemnized their marriage and they are living together as husband as wife out of their own free-will. They have already applied for registration of their marriage online.
This fact has not been disputed by the counsel for the respondent no. 5, who has filed counter affidavit in Court today. List this petition for final disposal/hearing on it's own turn. Till the next date of listing, the petitioner may not be arrested consequent to the impugned FIR dated 12.05.2023 giving rise to Case Crime No.0100 of 2023, under Sections 363, 366 I.P.C., Police Station- Kotwali Konch, District- Jalaun. This protection shall be available either till the next listing or till submission of police report under Section 173(2) Cr.P.C., whichever is earlier. It is also provided that the petitioner shall fully cooperate in the investigation, failing which they shall not be entitled to the benefit of this order."
2. During the pendency of the writ petition, a charge sheet has been submitted by the police and, therefore, this necessitated the petitioner to file a misc. application under section 482 Cr.P.C. being Application U/S 482 Cr.P.C. No.29994 of 2024. This application was sent to this Court by a learned Single Judge by the
order dated 17.4.2025. In view of the administrative order of the Chief Justice dated 5.12.2018, the application under section 482 Cr.P.C. and the writ petition both have been placed before us.
3. In the Application under section 482 Cr.P.C., a compromise was filed between the writ petitioners and the first informant. For the verification of the same, this Court had sent the matter to the Investigating Officer on 30.4.2025. Learned AGA Sri C.B. Dhar Dubey has handed over the verification report which is being made a part of the record. It may, accordingly, be kept on record.
4. From the perusal of the report of the Investigating Officer, we conclude that the petitioners and the first informant had entered into a compromise and they have readily agreed to put the dispute
to an end. We also find that the petitioners had married each other and had also got their marriage registered.
5. Under such circumstances, the FIR dated 12.5.2023 giving rise to Case Crime No.100 of 2023 under sections 363 and 366 I.P.C., Police Station Kotwali Konch, District Jalaun is quashed. Since the FIR has been quashed, all consequential proceedings stand nullified and, therefore, the application under section 482 Cr.P.C. is consigned to the records.
6. The writ petition is, accordingly, allowed.
Order Date :- 14.5.2025 GS (Madan Pal Singh, J.) (Siddhartha Varma, J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad