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Neutral Citation No. - 2025:AHC:38191 Court No. - 76 Case :- APPLICATION U/S 482 No. - 30984 of 2024 Applicant :- Kuldeep And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State-respondent. The record has been thoroughly perused.
2. The present application under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceedings of S.S.T. No. 128 of 2022 titled State v. Kuldeep and Others, arising out of Case Crime No. 0744 of 2017, under Sections 363, 366 I.P.C. read with Section 7/8 of POCSO Act, registered at P.S. Karhal, District Mainpuri, pending in the Court of ASJ/Ex. POCSO Act, Mainpuri.
3. Learned counsel for the applicants submits that during the pendency of the criminal proceedings, the applicant no. 1 and the victim have solemnized their marriage and blessed with two child. Now, they are living together as husband and wife. It is submitted that the victim has willingly entered into the matrimonial alliance with the applicant and has no objection to the quashing of the criminal proceedings.
4. An application to this effect has been filed by the victim, which is annexed as Annexure-3 to this application.
5. Learned A.G.A. does not dispute the fact of the marriage between the applicant and the victim and fairly concedes that in view of the settlement and subsequent marriage, no fruitful
purpose would be served by continuing the criminal proceedings.
6. Considering the fact that the dispute between the parties has been amicably resolved through marriage, and keeping in view the
judgment of Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303 and Narinder Singh v. State of Punjab (2014) 6 SCC 466, wherein it has been held that criminal proceedings arising out of matrimonial disputes or similar cases can be quashed if the parties have resolved their differences amicably, this Court finds it appropriate to exercise its inherent powers under Section 482 Cr.P.C.
7. In view of the aforesaid facts and circumstances, the entire proceedings of S.S.T. No. 128 of 2022 titled State v. Kuldeep and Others, arising out of Case Crime No. 0744 of 2017, under Sections 363, 366 I.P.C. read with Section 7/8 of POCSO Act, registered at P.S. Karhal, District Mainpuri, pending in the Court of ASJ/Ex. POCSO Act, Mainpuri, are hereby quashed.
8. The application under Section 482 Cr.P.C. is accordingly allowed.
9. The parties to the litigation will be at liberty to file a fresh petition, if they are aggrieved by this order.
Order Date :- 7.3.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad