In an application under Section 482 Cr.P.C. seeking to quash proceedings for Sections 363 and 366 IPC, the court held that since the victim is living with the accused as husband and wife, the proceedings are quashed.
The entire proceedings pursuant to the charge sheet under Case Cr. No. 193 of 2006 and Case No. 6710 of 2006 are hereby quashed.
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Court No. - 85
Case :- APPLICATION U/S 482 No. - 1314 of 2007
Applicant :- Hari Om And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Singhal Counsel for Opposite Party :- Govt. Advocate,S.S. Rajput
Hon'ble Gautam Chowdhary,J.
List revised. None appears for the opposite party no.2, although the name of Sri S.S.Rajput has been shown in the cause list.
Heard Ms. Rishika Raj Singhal, learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present application under Section 482 Cr,.P.C. has been filed for quashing the charge sheet arising out of Case Crime No. 193 of 2006, registered as Case No. 6710 of 2006 (State Vs. Hari Om and others) under Sections 363, 366 I.P.C. Police Station Quarsi, District Alligarh pending before learned Chief Judicial Magistrate, District Aligarh.
Learned counsel for the applicant submits that the daughter of the opposite party no.2 namely, Arti is major and she herself gone with one Rajiv and solemnised marriage with him and both of them are living together as husband and wife. She further submits that the victim is residing with said Rajiv as his wife and since the opposite party no.2 was not happy with the marriage has initiated the instant prosecution which is bad in law. Learned counsel for the applicants further submits that the averments made in paragraph no.5 of the affidavit accompanying the instant 482 Cr.P.C. with regard to marriage of the victim with Rajiv and both are residing together happily has not been denied by the opposite party no.2 in the counter affidavit in paragraph no.9 of the counter affidavit. He further submits that the victim is the deponent of the present case and that the applicants have been falsely implicated in the present case due to ulterior motive.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties and taking all these factors into consideration cumulatively, the parties are living together as husband and wife and in view thereof, the entire proceedings pursuant to the charge sheet arising out of Case Crime No. 193 of 2006, registered as Case No. 6710 of 2006 (State Vs. Hari Om and others) under Sections 363, 366 I.P.C. Police Station Quarsi, District Alligarh pending before learned Chief Judicial Magistrate, District Aligarh, is hereby quashed.
Order Date :- 8.9.2022 S.Ali
Digitally signed by SHAUKAT ALI Date: 2022.09.12 10:28:29 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the proceedings under Sections 363, 366 IPC for Bigamy and Taking a Minor Girl Beyond Guardian's Guardianship should be quashed due to the marriage and cohabitation of the victim.
Whether the alleged motive behind the prosecution justifies quashing of the charge sheet under Section 482 Cr.P.C.
2 provisions across 2 enactments
Hari Om And Others
State of U.P.
Another
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
