PRAMOD KUMAR ALIAS SURENDRA v. STATE OF U.P. AND ANOTHER
A482/34648/2023 · 2025-04-15
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50498 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50498 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:57146 Court No. - 75 Case :- APPLICATION U/S 482 No. - 34648 of 2023 Applicant :- Pramod Kumar Alias Surendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Counsel for Opposite Party :- G.A.,Pavan Kishore Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Anand Kumar, learned counsel for the applicant, Sri Pavan Kishore, learned counsel for the opposite party no. 2 and Ms. Ruchi Mishra, learned State Law Officer for the State.
2. The present application has been filed to quash the charge-sheet dated 22.09.2018 as well as entire proceedings of Case No. 337 of 2021 (State Vs. Pramod Kumar @ Surendra) u/s 363, 366 I.P.C., Police Station- Ahraura, District- Mirzapur, arising out of Case Crime No. 187/2018, pending in the court of Additional Civil Judge, 5th (J.D.), Mirzapur in pursuance of compromise dated 03.12.2022.
3. Contention of learned counsel for the applicants is that the victim and the applicant have been residing as husband and wife and out of their wedlock, two children have also been born. Now, a written compromise dated 03.12.2022 has also been entered into between the applicant and the first informant, who is the father of the victim. Therefore, impugned proceeding may be quashed on the basis of aforesaid compromise.
4. Per contra, learned A.G.A. has raised a preliminary objection that at the time of incident, victim was about 15 years. Therefore, proceeding cannot be quashed if any crime is committed against the victim even if subsequently on attaining the age of majority, victim has married the accused.
5. From the perusal of record, it appears that this Court vide
order dated 16.11.2023 granted protection to the applicant considering the fact that the victim and the applicant had been residing together as husband and wife but there is no authentic proof on record regarding the age of the victim girl.
6. In view of the above, present application is disposed of permitting the applicant to file discharge application before the court below along with evidence regarding the age of the victim within a period of 15 days. In case, such application is filed before the court below, the court below will pass appropriate order within a period of next two months.
7. It is further provided that for a period of two and a half months, no coercive action shall be taken against the applicant.
Order Date :- 16.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad