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2025 DAILYLAW 65739 (ALL)

MAHBOOB v. STATE OF U.P. AND ANOTHER

A482/47031/2023 · 2025-08-13

Avnish Saxena

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:139515 Court No. - 79 Case :- APPLICATION U/S 482 No. - 47031 of 2023 Applicant :- Mahboob Opposite Party :- State of U.P. and Another Counsel for Applicant :- Noor Ahmed,Rajiv Sisodia Counsel for Opposite Party :- G.A.,Mohd. Naushad Hon'ble Avnish Saxena,J. 1. Heard Sri Noor Ahmed, learned counsel for the applicant, Sri Javed Alam, learned advocate, holding the brief appeared for the opposite party no.2 and learned A.G.A. for State. 2. The instant application under Section 482 Cr.P.C. has been moved with a prayer to quash the charge sheet no.431 of 2021 dated 31.12.2021 in Sessions Trial No.216 of 2022 (State Vs. Mahboob), arising out of Case Crime No.456 of 2021, under Sections 457, 376 I.P.C., Police Station Kandhla, District Shamli, pending in the court of Additional District Judge, S.C./S.T. Shamli. 3. Learned counsel for the applicants submits that the applicant and opposite party no.2 are married and having children. The F.I.R. has been lodged by the opposite party no.2 for the allegation of rape on the false promise of marriage. 4. Learned counsel for the opposite party no.2 has admitted the factum of compromise. 5. The compromise has been sent for verification by order dated 16.05.2024 passed by the coordinate Bench of this Court. 6. The trial court (Additional Sessions Judge/FTC, Shamli) report dated 10.09.2024 has verified the factum of marriage. 7. The Apex Court in the case of K. Dhandapani Vs. State by the Inspector of Police (2022 SCC Online SC 1056) has set aside the conviction and sentence of the accused affirmed by the High Court in the matter of POCSO Act considering that the accused and victim are living happily in their married life and held that "This Court cannot shut its eyes to the ground reality and disturb the happy family life of the appellant and the prosecutrix". 8. The Apex Court in another case of Mafat Lal and another Vs. The State of Rajasthan (2022) 6 SCC 589 has quashed the F.I.R. and consequential proceedings of offence U/s 363, 366 I.P.C. considering the marriage of accused and victim. 9. There is no point in getting the trial continued, when the parties have buried their differences as the star witness would not support the prosecution case. 10. Thus, the charge sheet and the proceeding arose out of case crime number mentioned above is hereby quashed. Consequently, the proceedings of trial also quashed. 11. The application u/s 482 Cr.P.C. is allowed accordingly. Order Date :- 14.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad