High Court

1. Heard Mr. Akshay Kumar, Advocate, holding brief of Mr. R.K. Verma, the learned counsel for applicant and the learned A.G.A. for State.

2. Perused the record.

3. At the very outset, the learned counsel for applicant submits that notice of this application under Section 482 Cr.P.C. has been served upon first informant-opposite party-4 on 09.11.2024. However, in spite of service of notice, neither any counter affidavit has been filed by first informant-opposite party-4 nor any one has put in appearance on his behalf to oppose this application even in revised call.

4. This application under Section 482 Cr.P.C. has been filed by accused-applicant-Mohd. Kasim with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the Session Case No. 899 of 2024 State Vs. Mohd. Kasim, under Section 363, 376 I.P.C. and Section 5(j)(ii)/6 POCSO Act, Police Station Mainather, District Moradabad, arising out of Case Crime No. 08 of 2024, at present pending in the Court of Ld. Special Judge (POCSO Act), Court No. 1, Moradabad including charge sheet dated 12.03.2024 as well as cognizance/summoning order dated 26.09.2024 and other process issued against the Applicant; AND in the mean time stay the further proceeding of Session Case No. 899 of 2024 State Vs. Mohd. Kasim, under Section 363, 376 I.P.C. and Section 5(j) (ii)/6 POCSO Act, Police Station Mainather, District Moradabad, arising out of Case Crime No. 08 of 2024, at present pending in the Court of Ld. Special Judge (POCSO Act), Court No. 1, Moradabad including charge sheet dated 12.03.2024 as well as cognizance/summoning order dated 26.09.2024 and other process issued against the Applicant, and/or pass such other and further order, which this Hon'ble Court may deem fit and proper in the circumstances of the case."

5. Learned counsel for applicant submits that though applicant is a named and charge sheeted accused but in view of the subsequent development that have taken place, the impugned proceedings pending against applicant before Court below are liable to be quashed. In continuation of his aforesaid submission, the learned counsel for applicant submits that subsequent to the FIR dated 19.01.2024 lodged by first informant-opposite party-4 and giving rise to present criminal proceedings, the prosecutrix has solemnized marriage with applicant. As such, the prosecutrix is now the legally wedded wife of applicant. By reason of above, the prosecutrix is residing with the applicant as his legally wedded wife. The bona-fide of the parties is further explicit from the fact that the marriage of parties has also been registered under the provisions of U.P. Registration of Marriage Rules, 2017. Photocopy of the marriage registration certificate has been brought on record and is at page 58 of the paper book. On the above premise, the learned counsel for applicant submits that on account of marriage of the parties having been registered, there is a statutory presumption with regard to the validity of the marriage of the parties. The bona-fide of prosecutrix is further evident from the fact that she has sworn the affidavit filed in support of present application. In view of the aforesaid subsequent developments, the learned counsel for applicant submits that criminality, if any, committed by applicant now stand washed of. As such, no useful purpose shall be served in prolonging the criminal prosecution of applicant. In case, the criminal prosecution of applicant is allowed to continue, a happy family shall stand broken. As such, the present application is liable to be allowed.

6. Per contra, the learned A.G.A. for State-opposite party-1 has vehemently opposed the present application. Learned A.G.A. submits that since the prosecutrix was a child within the definition of the term child as defined in POCSO Act, therefore, the subsequent development, if any, will not wife out the criminality committed by applicant. As such, no interference is warranted by this Court in present application. However, the learned A.G.A. could not dislodge the factual/legal submissions urged by the learned counsel for applicant with reference to the record at this stage.

7. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that subsequent to the FIR dated 19.01.2024 lodged by first informant-opposite party-2, the prosecutrix has solemnized marriage with the applicant. As such, the prosecutrix is now legally wedded wife of applicant. Consequently, by reason of above, the prosecutrix is residing with applicant as his legally wedded wife. The bona-fide of the parties is further explicit from the fact that the marriage of the parties has been registered under the provisions of U.P. Registration of Marriage Rules, 2017. Photocopy of the marriage certificate has been brought on record and is at page 58 of the paper book. As such, there is a statutory presumption regarding the validity of the marriage of the parties. In view of aforesaid subsequent developments, the criminality, if any, committed by applicant now stands washed of. As such, no useful purpose shall be served in prolonging the criminal prosecution of applicant. The trial shall only result in loss of time and money inasmuch as, the chances of conviction of application are not only remote but also bleak. In case, the criminal prosecution of applicant is allowed to continue, a happy family shall stand broken.

8. In view of the discussion made above, the present application succeeds and is liable to be allowed.

9. It is, accordingly, allowed.

10. The entire proceedings of Sessions Case No. 899 of 2024 (State Vs. Mohd. Kasim) arising out of Case Crime No. 0008 of 2024, under Sections 363, 376 IPC, Police Station-Mainather, District-Moradabad now pending in the Court of Special Judge (POCSO Act), Court No.-1, Moradabad are, hereby, quashed.

11. Cost made easy. Order Date :- 10.1.2025 Vinay

1. Heard Mr. Akshay Kumar, Advocate, holding brief of Mr. R.K. Verma, the learned counsel for applicant and the learned A.G.A. for State.

2. Perused the record.

3. At the very outset, the learned counsel for applicant submits that notice of this application under Section 482 Cr.P.C. has been served upon first informant-opposite party-4 on 09.11.2024. However, in spite of service of notice, neither any counter affidavit has been filed by first informant-opposite party-4 nor any one has put in appearance on his behalf to oppose this application even in revised call.

4. This application under Section 482 Cr.P.C. has been filed by accused-applicant-Mohd. Kasim with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the Session Case No. 899 of 2024 State Vs. Mohd. Kasim, under Section 363, 376 I.P.C. and Section 5(j)(ii)/6 POCSO Act, Police Station Mainather, District Moradabad, arising out of Case Crime No. 08 of 2024, at present pending in the Court of Ld. Special Judge (POCSO Act), Court No. 1, Moradabad including charge sheet dated 12.03.2024 as well as cognizance/summoning order dated 26.09.2024 and other process issued against the Applicant; AND in the mean time stay the further proceeding of Session Case No. 899 of 2024 State Vs. Mohd. Kasim, under Section 363, 376 I.P.C. and Section 5(j) (ii)/6 POCSO Act, Police Station Mainather, District Moradabad, arising out of Case Crime No. 08 of 2024, at present pending in the Court of Ld. Special Judge (POCSO Act), Court No. 1, Moradabad including charge sheet dated 12.03.2024 as well as cognizance/summoning order dated 26.09.2024 and other process issued against the Applicant, and/or pass such other and further order, which this Hon'ble Court may deem fit and proper in the circumstances of the case."

5. Learned counsel for applicant submits that though applicant is a named and charge sheeted accused but in view of the subsequent development that have taken place, the impugned proceedings pending against applicant before Court below are liable to be quashed. In continuation of his aforesaid submission, the learned counsel for applicant submits that subsequent to the FIR dated 19.01.2024 lodged by first informant-opposite party-4 and giving rise to present criminal proceedings, the prosecutrix has solemnized marriage with applicant. As such, the prosecutrix is now the legally wedded wife of applicant. By reason of above, the prosecutrix is residing with the applicant as his legally wedded wife. The bona-fide of the parties is further explicit from the fact that the marriage of parties has also been registered under the provisions of U.P. Registration of Marriage Rules, 2017. Photocopy of the marriage registration certificate has been brought on record and is at page 58 of the paper book. On the above premise, the learned counsel for applicant submits that on account of marriage of the parties having been registered, there is a statutory presumption with regard to the validity of the marriage of the parties. The bona-fide of prosecutrix is further evident from the fact that she has sworn the affidavit filed in support of present application. In view of the aforesaid subsequent developments, the learned counsel for applicant submits that criminality, if any, committed by applicant now stand washed of. As such, no useful purpose shall be served in prolonging the criminal prosecution of applicant. In case, the criminal prosecution of applicant is allowed to continue, a happy family shall stand broken. As such, the present application is liable to be allowed.

6. Per contra, the learned A.G.A. for State-opposite party-1 has vehemently opposed the present application. Learned A.G.A. submits that since the prosecutrix was a child within the definition of the term child as defined in POCSO Act, therefore, the subsequent development, if any, will not wife out the criminality committed by applicant. As such, no interference is warranted by this Court in present application. However, the learned A.G.A. could not dislodge the factual/legal submissions urged by the learned counsel for applicant with reference to the record at this stage.

7. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that subsequent to the FIR dated 19.01.2024 lodged by first informant-opposite party-2, the prosecutrix has solemnized marriage with the applicant. As such, the prosecutrix is now legally wedded wife of applicant. Consequently, by reason of above, the prosecutrix is residing with applicant as his legally wedded wife. The bona-fide of the parties is further explicit from the fact that the marriage of the parties has been registered under the provisions of U.P. Registration of Marriage Rules, 2017. Photocopy of the marriage certificate has been brought on record and is at page 58 of the paper book. As such, there is a statutory presumption regarding the validity of the marriage of the parties. In view of aforesaid subsequent developments, the criminality, if any, committed by applicant now stands washed of. As such, no useful purpose shall be served in prolonging the criminal prosecution of applicant. The trial shall only result in loss of time and money inasmuch as, the chances of conviction of application are not only remote but also bleak. In case, the criminal prosecution of applicant is allowed to continue, a happy family shall stand broken.

8. In view of the discussion made above, the present application succeeds and is liable to be allowed.

9. It is, accordingly, allowed.

10. The entire proceedings of Sessions Case No. 899 of 2024 (State Vs. Mohd. Kasim) arising out of Case Crime No. 0008 of 2024, under Sections 363, 376 IPC, Police Station-Mainather, District-Moradabad now pending in the Court of Special Judge (POCSO Act), Court No.-1, Moradabad are, hereby, quashed.

11. Cost made easy. Order Date :- 10.1.2025 Vinay