High Court
Case Details
Neutral Citation No. - 2025:AHC:3319 Court No. - 71 Case :- APPLICATION U/S 482 No. - 37406 of 2024 Applicant :- Irfan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Monu Upadhyay Counsel for Opposite Party :- G.A.,Raj Kishore Dubey Hon'ble Rajeev Misra,J.
Legal Reasoning
Heard Mr. Monu Upadhyay, the learned counsel for applicant, the learned A.G.A. for State opposite party 1 and Mr. Raj Kishore Dubey, the learned counsel representing first informant opposite party 2. Perused the record. Applicant Irfan, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr. P. C. with the following prayer::- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash/Set-aside entire Proceeding including the charge-Sheet dated 16.02.2022 as well as cognizance order dated 01.03.2023 passed by Learned District and Session Judge, Kushinagar in session case No. 278 of 2023 (State Vs. Irfan) arising out of Case Crime No. 582/2022 u/s 313, 504, 506, 376 I.P.C. and 3/4 POCSO Act Police Station Tarya sujan, District Kushinagar pending in the court of Special Judge Pasco court no. 1 Kushinagar at Padrauna. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of case No. 278 of 2023 (State Vs. Irfan) arising out of Case Crime No. 582/2022 u/s 313, 504, 506, 376 I.P.C. and 3/4 POCSO Act Police Station Tarya sujan, District Kushinagar pending in the court of Special Judge Pasco court no. 1 Kushinagar at Padrauna. And/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury." Learned counsel for applicant submits that though applicant is a named and charge sheeted accused and is facing trial before court below by way of aforementioned Session Trial, yet in view of the subsequent developments that have taken place, the present application is liable to be allowed. In furtherance of aforesaid submission, he submits that subsequent to the F.I.R. dated 30.12.2022 lodged by first informant/opposite party 2 and giving rise to present criminal proceedings, the prosecutrix has solemnized marriage (nikah) with the applicant. As such, the prosecutrix is now the legally weeded wife of applicant. The copy of nikahnama has been brought on record and is at page 49 of the paper book. On account of above, the prosecutrix is now residing with the applicant as his legally wedded wife. On the above premise, it is thus urged by the learned counsel for applicant that in view of the subsequent developments that have taken place, the criminality, if any, committed by the applicant now stands wiped out. No useful purpose shall now be served in prolonging the criminal prosecution of applicant. He, therefore, submits that in case the criminal prosecution of applicant is allowed to continue, a happy family shall stand broken. In view of above, the entire proceedings of aforementioned Sessions case are liable to be quashed by this Court. Per contra, the learned A.G.A. representing State opposite party 1 and the learned counsel representing first informant opposite party 2 have vehemently opposed the present application. Learned A.G.A. submits that since on the date of occurrence, the prosecutrix was a child within the definition of the term child as defined in POCSO Act, therefore, subsequent event, if any, will not wipe out the criminality committed by applicant. However, he could not dislodge the factual/legal submissions urged by the learned counsel for applicant with reference to the record at this stage. Mr. Raj Kishore Dwivedi, the learned counsel for first informant opposite party 2 submits that upon instructions, he has to submit that subsequently, the prosecutrix has solemnized marriage with the accused applicnat. As such, prosecutrix is now the legally wedded wife of applicant. He, therefore, contends that he has instructions to submit before this Court that in case, present application is decided by this Court taking into consideration the aforesaid fact, he shall not have any grievance. Having heard the learned counsel for applicant, the learned A.G.A. for State, the learned counsel representing first informant opposite party 2 and upon perusal of record, this Court finds that it is an admitted fact to the parties that subsequent to the F.I.R. dated 30.12.2022 and giving rise to present criminal proceedings, the prosecutrix has solemnized marriage (nikah) with the applicant. As such, the prosecutrix is now the legally weeded wife of applicant. Photo copy of the nikahnama has been brought on record and is at page 49 of the paper boo. The bona fide of the applicant is further explicit from the fact 5hat the wife of the applicant i.e. prosecutrix has sworn the affidavit filed in support of this application. As such the prosecutrix has joined the applicant in present proceedings. In view of above, the criminality, if any, committed by the applicant now stands washed of. As such, present application is liable to be allowed. In case, the impugned proceedings are allowed to continue, a happy family shall stand broke. The first informant, who is the mother of the prosecutrix has no objection to the marriage of prosecutrix with the applicant as per the submissions urged by the learned counsel representing first informant opposite party 2. At this juncture, reference be made to the judgement of Supreme Court in K Dhandapani vs The State By The Inspector Of Police 2022 Live Law (SC 477), wherein following has been observed:- "In the peculiar facts and circumstances of this case, we are of the considered view that the conviction and sentence of the appellant who is maternal uncle of the prosecutrix deserves to be set aside in view of the subsequent events that have been brought to the notice of this Court. This Court cannot shut its eyes to the ground reality and disturb the happy family life of the appellant and the prosecutrix. We have been informed about the custom in Tamilnadu of the marriage of a girl with the maternal uncle." In view of discussion made above, the present application succeeds and is, therefore, liable to be allowed. It is, accordingly, allowed. The entire proceedings of session case No. 278 of 2023 (State Vs. Irfan) arising out of Case Crime No. 582/2022 u/s 313, 504, 506, 376 I.P.C. and 3/4 POCSO Act Police Station Tarya sujan, District Kushinagar pending in the court of Special Judge Pasco court no. 1 Kushinagar at Padrauna shall stand quashed. Parties shall bear their costs. Order Date :- 7.1.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad