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2025 DAILYLAW 42742 (ALL)

PRADEEP KUMAR YADAV AND 3 ORS v. STATE OF U.P. AND ANR

A482/31190/2018 · 2025-09-08

Vikram D Chauhan

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 31190 of 2018 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application has been filed by the applicants for quashing the entire criminal proceedings of Special Trial No. 1669 of 2017 (State Vs. Prahlad Yadav and others) as well as charge sheet dated 6.8.2017 arising out of Case Crime No. 42 of 2017 under Sections 376, 504, 506, 363, 366 I.PC. and Sections 3(2)(5), Section 3(1)(r) and Section 3(1)(s) of S.C./S.T. Act, P.S. Mahila Thana, District Gorakhpur, pending before the court of Special Judge (SC/ST) Act, Gorakhpur. 3. It is submitted by learned counsel for the applicants that opposite party no. 2 is the father of the victim. Learned counsel for the applicants further submits that victim and applicant no. 1 have married each other after lodging of the first information report and residing peacefully. Learned counsel for the applicants further submits that as per allegation in the first information report, it is alleged that applicant no. 1 has enticed away the victim. Learned counsel further submits that applicants have been falsely implicated in the case. The joint affidavit has been filed by applicant no. 1 and the victim and the marriage certificate is annexed at page no. 53 of the paper book. Learned counsel for the applicants submitted that in view of marriage the present case be finally decided. 4. Learned A.G.A. does not dispute the aforesaid fact. Versus Counsel for Applicant(s) : Mohd. Shoeb Khan Counsel for Opposite Party(s) : G.A. Pradeep Kumar Yadav And 3 Ors .....Applicant(s) State Of U.P. And Anr .....Opposite Party(s) 5. Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present case had essentially been an outcome of a dispute and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the disputants have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed. 6. It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end. 7. In view of the fact that the victim has already married with the applicant no. 1 and in order to permit the victim and applicant no. 1 to live peacefully and coupled with the fact that opposite party no. 2 has not appeared before this Court, no useful purpose would be served in proceeding with the matter further. 8. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, the proceedings of the aforesaid case is hereby quashed. 9. The present application is, accordingly, allowed. September 9, 2025 VMA A482 No. 31190 of 2018 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad