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2025 DAILYLAW 5186 (ALL)

DINESH v. STATE OF U.P. AND 3 OTHERS

A482/518/2025 · 2025-07-30

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

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Judgment text

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Neutral Citation No. - 2025:AHC:128210 Court No. - 79 Case :- APPLICATION U/S 482 No. - 518 of 2025 Applicant :- Dinesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shivendra Kumar Singh Counsel for Opposite Party :- Ajit Kumar Kushwaha,Anil Kumar,G.A.,Vikash Kumar Singh Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent and Shri Vikash Kumar Singh, learned counsel for the opposite party No. 5. 2. Learned counsel for the applicant submitted that the applicant and the victim have solemnized marriage with each other who are living together as husband and wife and they have also a child born out of that wedlock. In such circumstances, the pending trial in Sessions Trial No. 532 of 2020 (State vs. Dinesh) be quashed. 3. Shri Vikash Kumar Singh, learned counsel for the opposite party No. 5/victim and the learned A.G.A. have accepted the above position. 4. I have heard learned counsels of the parties and perused the record. 5. It is evident that after investigation the chargesheet was submitted under Sections 363, 366, 376 IPC and Section 5/6 POCSO Act on which cognizance was taken and thereafter the trial in Sessions Case No. 532 of 2020 has commenced in which two witnesses namely the first informant PW-1 Haribhajan and the victim PW-2 have been examined. The victim PW-2 in her testimony before the trial court has unequivocally mentioned that she had a romantic relationship with the applicant and she had never been enticed away by the applicant. She has voluntarily married the applicant and she is living as his wife and also had a child born out of that wedlock. 6. In view of these facts and circumstances, no useful purpose would be met by continuing the proceedings of Sessions Trial. 7. In view of above, the application u/s 482 Cr.P.C. is allowed and consequently the chargesheet in Case Crime No. 0062 of 2019 and the proceedings of Sessions Trial No. 532 of 2020 (State Vs. Dinesh) under Sections 363, 366, 376 (2) (Dha) IPC and Section 5/6 POCSO Act, Police Station Dubauliya, District Basti are quashed. Order Date :- 31.7.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad