State of U.P v. Ajeet Singh Pal and ors., arising out of Crime No

Heard Mr. Alok Kumar Kushwaha, the learned counsel for applicant, the learned A.G.A. for State/opposite party-1 and Mr. Rohit Nandan Singh, Advocate, who has put in appearance on behalf of first informant/opposite party-2 by filing his vakalatnama, today in Court, which is taken on record. Perused the record. Applicant- Ajeet Singh Pal who is a charge sheeted accused and facing trial before Court below have approached this Court by means of present application under section 528 BNSS with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application and quash the entire proceedings of the case pending before the learned Special Judge, S.C./S.T. Act, Auraiya, as S.S.T. No. 269 of 2025, State of U.P. Vs. Ajeet Singh Pal and ors., arising out of Crime No. 150 of 2024, under Sections 376/504 506 IPC and Section 3 (1)Da, Dha, and Sec. 3(2) (V) of S.C./S.T. Act, Police Station Bidhuna, District Auraiya, in the light of the compromise application dated 25.3.2025 along with affidavit (Annexure No.7), to meet the ends of justice. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of the case pending before the learned Special Judge, S.C./S.T. Act, Auraiya as S.S.T. No. 269 of 2025, State of U.P. Vs. Ajeet Singh Pal and ors., arising out of Crime No. 150 of 2024, under Sections 376/504 506 IPC. and Section 3 (1)Da, Dha, and Sec. 3(2) (V) of S.C./S.T. Act, Police Station Bidhuna, District Auraiya, during the pendency of the present application, and/or to pass such other or further order as this Hon'ble Court may think fit and proper under the facts and circumstances of the case" Learned counsel for applicants submits that though the appllicant is a charge sheeted accused and facing trial before Court below however, in view of the facts as have now emerged on record, the criminal prosecution of applicants cannot be sustained any further. As such, present application is liable to be allowed by this Court. In furtherance of aforesaid submission, the learned counsel for applicant submits that criminal prosecution of applicant was set in motion when an F.I.R. dated 25.4.2024 was lodged by the prosecutrix the prosecutrix first informant/opposite party-2 Anushka and was registered as Case Crime No. 150 of 2024, under section 376/504 IPC, Section 3(1)Da, Dha, Section 3(2)(V) SC/ST Act, Police Station- Bidhuna, District- Auraiya. In the aforesaid F.I.R., four persons namely, Ajeet Singh Pal, Pramod Pal, Sonu Pal, have been nominated as named accused. However, subsequent to the aforesaid F.I.R. dated 25.4.2024, applicant solemnized marriage with the prosecutrix on 21.5.2024, in accordance with Hindu Rites and Customs. Accordingly, the prosecutrix became the legally wedded wife of applicant. Consequently, the prosecutrix is residing with the applicant as his legally wedded wife. The bonafide of the parties is further evident from the record that they have applied for grant of Registration of Marriage Certificate as contemplated under the U.P. Marriage Registration Rules. Photo copy of the Marriage Registration certificate has been brought on record which has been appended as Annexure-6 to the affidavit filed in support of this application. On the aforesaid premise, the learned counsel for applicant submits that in view of aforementioned subsequent development the criminality if any committed by the applicant now stands washed of. Since the parties are living together as a happy family, therefore, the chances of conviction of applicant is not only remote but also bleak. As such, no useful purpose shall be served in prolongig the criminal prosecution of applicant. In case the criminal prosecution of applicant is allowed to continue, a happy family shall stand broken. Learned counsel for applicant, has then referred to the judgements of Supreme Court in K. Dhandapani Vs. State by the Inspector of Police, 2022 SCC OnLine SC 1056 and Mafat Lal and Another Vs. State of Rajasthan, (2022) 6 SCC 589 and Shriram Urav Vs. State of Chhattisgarh, Criminal Appeal No. 41 of 2021, wherein the Apex Court quashed the criminal prosecution of accused therein o the ground that he has solemnized marriage with the prosecutrix and secondly the Court cannot tern a blind eye to the said fact . Drawing a parallel between the ratio laid down in aforementioned judgement and the facts of the present case, the learned counsel for applciant subits that there does not exist any such distinguishing feature in the ase of present applicant so as to deny him the benefit of aforementioned judgements. On the cumulative strength of aforesaid submissions, the learned counsel for applicant then submits that present application is liable to be allowed by this Court. Per contra, the learned A.G.A. for State/opposite party-1 has opposed the present application. Learned A.G.A. submits that since applicant is named and charge sheeted accused, therefore, no indulgence be granted by this Court in his favour. Referring to the judgement of Supreme Court in Rampal Vs. State of Haryana, AIR online 2019 SC 1716 wherein it has been held that no compromise can be made in cases relating to rape and sexual assault, the learned A.G.A. submtis that no interference is warranted in this matter. Applicant is guilty of dislodging the modesty of the prosecutrix deliberatlely and forcibly, as such, criminality committed by applicant is not private in nature but a crime against society. As such, present application is liabel to be dismissed. However, the learned A.G.A. could not dislodge the factual and legal submissions urged by the learned counsel for applicant with reference to the record at this stage. Mr. Sandeep Kumar chaturvedi, the learned counsel representing the prosecutrix,first informant/opposite party-2 does not oppose the present application. He submits that he has received instructions not to oppose this application. He further submits that it is now an admitted fact that the prosecutrix has solemnized marriage with accused applicant and is residing with him as his legally wedded wife. He therefore contends that he cannot have any objection, in case the entire proceedings of above mentioned case are quashed by this Court. Be that as it may, the crux of the matter is that applicant has solemnized marriage with the prosecutrix and parties are living together as a happy family. Having heard the learned counsel for applicants, the learned A.G.A. for State/opposite party-1 and upon perusal of record, this Court finds that the matter requires consideration. Notice on behalf of State/opposite party - 1 has been accepted by the learned A.G.A. Mr. Rohit Nandan Singh, Advocate, has put in appearance on behalf of first informant/opposite party-2. They pray for and are granted four weeks time to file counter affidavits. Applicant will have two weeks thereafter to file his rejoinder affidavits. List this application for admission on 2.7.2025. When the matter is listed next, the name of Mr. Rohit Nandan Singh, shall also be published in the cause list as counsel for first informant/opposite party-2. Considering the facts and circumstances of the case and the submissions urged by learned counsel for applicants in support of the application as noted herein above, and the judgements of the Supreme Court as mentioned above, as an interim measure, it is hereby provided that until further orders of this Court, further proceedings in S.S.T. No. 269 of 2025, State of U.P. Vs. Ajeet Singh Pal and ors., arising out of Crime No. 150 of 2024, under Sections 376/504 506 IPC and Section 3 (1)Da, Dha, and Sec. 3(2) (V) of S.C./S.T. Act, Police Station Bidhuna, District Auraiya, now pending in the Court of Special Judge SC/ST Act, Auraiya shall remain stayed. Order Date :- 23.4.2025 Arshad

Heard Mr. Alok Kumar Kushwaha, the learned counsel for applicant, the learned A.G.A. for State/opposite party-1 and Mr. Rohit Nandan Singh, Advocate, who has put in appearance on behalf of first informant/opposite party-2 by filing his vakalatnama, today in Court, which is taken on record. Perused the record. Applicant- Ajeet Singh Pal who is a charge sheeted accused and facing trial before Court below have approached this Court by means of present application under section 528 BNSS with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application and quash the entire proceedings of the case pending before the learned Special Judge, S.C./S.T. Act, Auraiya, as S.S.T. No. 269 of 2025, State of U.P. Vs. Ajeet Singh Pal and ors., arising out of Crime No. 150 of 2024, under Sections 376/504 506 IPC and Section 3 (1)Da, Dha, and Sec. 3(2) (V) of S.C./S.T. Act, Police Station Bidhuna, District Auraiya, in the light of the compromise application dated 25.3.2025 along with affidavit (Annexure No.7), to meet the ends of justice. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of the case pending before the learned Special Judge, S.C./S.T. Act, Auraiya as S.S.T. No. 269 of 2025, State of U.P. Vs. Ajeet Singh Pal and ors., arising out of Crime No. 150 of 2024, under Sections 376/504 506 IPC. and Section 3 (1)Da, Dha, and Sec. 3(2) (V) of S.C./S.T. Act, Police Station Bidhuna, District Auraiya, during the pendency of the present application, and/or to pass such other or further order as this Hon'ble Court may think fit and proper under the facts and circumstances of the case" Learned counsel for applicants submits that though the appllicant is a charge sheeted accused and facing trial before Court below however, in view of the facts as have now emerged on record, the criminal prosecution of applicants cannot be sustained any further. As such, present application is liable to be allowed by this Court. In furtherance of aforesaid submission, the learned counsel for applicant submits that criminal prosecution of applicant was set in motion when an F.I.R. dated 25.4.2024 was lodged by the prosecutrix the prosecutrix first informant/opposite party-2 Anushka and was registered as Case Crime No. 150 of 2024, under section 376/504 IPC, Section 3(1)Da, Dha, Section 3(2)(V) SC/ST Act, Police Station- Bidhuna, District- Auraiya. In the aforesaid F.I.R., four persons namely, Ajeet Singh Pal, Pramod Pal, Sonu Pal, have been nominated as named accused. However, subsequent to the aforesaid F.I.R. dated 25.4.2024, applicant solemnized marriage with the prosecutrix on 21.5.2024, in accordance with Hindu Rites and Customs. Accordingly, the prosecutrix became the legally wedded wife of applicant. Consequently, the prosecutrix is residing with the applicant as his legally wedded wife. The bonafide of the parties is further evident from the record that they have applied for grant of Registration of Marriage Certificate as contemplated under the U.P. Marriage Registration Rules. Photo copy of the Marriage Registration certificate has been brought on record which has been appended as Annexure-6 to the affidavit filed in support of this application. On the aforesaid premise, the learned counsel for applicant submits that in view of aforementioned subsequent development the criminality if any committed by the applicant now stands washed of. Since the parties are living together as a happy family, therefore, the chances of conviction of applicant is not only remote but also bleak. As such, no useful purpose shall be served in prolongig the criminal prosecution of applicant. In case the criminal prosecution of applicant is allowed to continue, a happy family shall stand broken. Learned counsel for applicant, has then referred to the judgements of Supreme Court in K. Dhandapani Vs. State by the Inspector of Police, 2022 SCC OnLine SC 1056 and Mafat Lal and Another Vs. State of Rajasthan, (2022) 6 SCC 589 and Shriram Urav Vs. State of Chhattisgarh, Criminal Appeal No. 41 of 2021, wherein the Apex Court quashed the criminal prosecution of accused therein o the ground that he has solemnized marriage with the prosecutrix and secondly the Court cannot tern a blind eye to the said fact . Drawing a parallel between the ratio laid down in aforementioned judgement and the facts of the present case, the learned counsel for applciant subits that there does not exist any such distinguishing feature in the ase of present applicant so as to deny him the benefit of aforementioned judgements. On the cumulative strength of aforesaid submissions, the learned counsel for applicant then submits that present application is liable to be allowed by this Court. Per contra, the learned A.G.A. for State/opposite party-1 has opposed the present application. Learned A.G.A. submits that since applicant is named and charge sheeted accused, therefore, no indulgence be granted by this Court in his favour. Referring to the judgement of Supreme Court in Rampal Vs. State of Haryana, AIR online 2019 SC 1716 wherein it has been held that no compromise can be made in cases relating to rape and sexual assault, the learned A.G.A. submtis that no interference is warranted in this matter. Applicant is guilty of dislodging the modesty of the prosecutrix deliberatlely and forcibly, as such, criminality committed by applicant is not private in nature but a crime against society. As such, present application is liabel to be dismissed. However, the learned A.G.A. could not dislodge the factual and legal submissions urged by the learned counsel for applicant with reference to the record at this stage. Mr. Sandeep Kumar chaturvedi, the learned counsel representing the prosecutrix,first informant/opposite party-2 does not oppose the present application. He submits that he has received instructions not to oppose this application. He further submits that it is now an admitted fact that the prosecutrix has solemnized marriage with accused applicant and is residing with him as his legally wedded wife. He therefore contends that he cannot have any objection, in case the entire proceedings of above mentioned case are quashed by this Court. Be that as it may, the crux of the matter is that applicant has solemnized marriage with the prosecutrix and parties are living together as a happy family. Having heard the learned counsel for applicants, the learned A.G.A. for State/opposite party-1 and upon perusal of record, this Court finds that the matter requires consideration. Notice on behalf of State/opposite party - 1 has been accepted by the learned A.G.A. Mr. Rohit Nandan Singh, Advocate, has put in appearance on behalf of first informant/opposite party-2. They pray for and are granted four weeks time to file counter affidavits. Applicant will have two weeks thereafter to file his rejoinder affidavits. List this application for admission on 2.7.2025. When the matter is listed next, the name of Mr. Rohit Nandan Singh, shall also be published in the cause list as counsel for first informant/opposite party-2. Considering the facts and circumstances of the case and the submissions urged by learned counsel for applicants in support of the application as noted herein above, and the judgements of the Supreme Court as mentioned above, as an interim measure, it is hereby provided that until further orders of this Court, further proceedings in S.S.T. No. 269 of 2025, State of U.P. Vs. Ajeet Singh Pal and ors., arising out of Crime No. 150 of 2024, under Sections 376/504 506 IPC and Section 3 (1)Da, Dha, and Sec. 3(2) (V) of S.C./S.T. Act, Police Station Bidhuna, District Auraiya, now pending in the Court of Special Judge SC/ST Act, Auraiya shall remain stayed. Order Date :- 23.4.2025 Arshad