Allowed

Mohit Tomar v. State of U.P. and Another

Allahabad HC13 May 2022A482/34281/2015

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. petition, the High Court quashed a charge sheet and associated proceedings alleging elopement under IPC Sections 363, 366, and 368. The court noted the victim, Smt. Priti Pundir, is major and stated she wants to live with the applicant, leading to the disposal of the plea.

What did the court decide?

Quashed charge sheet dated 06.05.2015 and all further proceedings in Case Crime No. 04 of 2015 regarding Sections 363, 366 and 368 IPC.

Mohit Tomar Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 34281 of 2015

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Applicant :- Mohit Tomar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ishwar Chandra Tyagi,Amit Misra Counsel for Opposite Party :- G.A.,Ramesh Pundir,Rekha Pundir

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the applicant, learned AGA and learned counsel for the respondent no. 2.

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Present petition under Section 482 Cr.P.C. has been preferred to quash the charge sheet dated 06.05.2015 and entire further proceedings arising out of the said charge sheet in Case Crime No. 04 of 2015 under Sections 363, 366 and 368 IPC, Police Station Thana Bhawan, District Shamli pending in the Court of A.C.J.M, Court No. 1, Muzaffarnagar vide Case No. 1870/9/2015 be set aside and quashed.

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The brief facts of the present case are that the uncle of the victim - Smt. Priti Pundir lodged an F.I.R. under Sections 363, 366 and 368 I.P.C. making allegation that the applicant had eloped his niece i.e. the victim whereas as per the case of the applicant the victim was major and she had left her house on her own sweet will to marry with the applicant.

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On the submission made by learned counsel for the applicant that the applicant and the victim are living happily together as husband and wife after solemnizing the marriage on 14.10.2015 and two children born out from the said wedlock and thus no offence under the charged sections is made out against the applicant, this court vide its order dated 26.04.2022 had directed the victim i.e. Smt. Priti Pundir to remain present before this Court.

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Learned counsel for the applicant has submitted that the victim herself is the deponent of the present case.

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Pursuant to the order of this Court dated 26.04.2022, Smt. Priti Pundir is present before this Court.

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This Court has put certain queries, asking her name and age, she answered her name is Priti Pundir and she is 24 years old. Further, a query has been put regarding marriage with applicant, she replied that her marriage was solemnized on

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14.10.2015 with the applicant and wants to live with him. She also stated that two children born out from the wedlock and she is happily living with the applicant. It is also stated that she is the deponent of the present case.

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On the other hand, learned AGA and learned counsel for the respondent no. 2 have stated that after the statement of the victim, who is major, before this court nothing remains to be adjudicated.

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After the statement of the victim, where she has stated before this Court that she wants to live with the applicant and being major it is her right to take decision on her own as to with whom she wants to live. After the statement of the victim before this Court, nothing remains for adjudication in the present petition.

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Considering the submissions advanced by learned counsel for the parties and statement of victim before this Court , charge sheet dated 06.05.2015 and entire further proceedings arising out of the said charge sheet in Case Crime No. 04 of 2015 under Sections 363, 366 and 368 IPC, Police Station Thana Bhawan, District Shamli pending in the Court of A.C.J.M, Court No. 1, Muzaffarnagar vide Case No. 1870/9/2015 are hereby quashed.

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Petition is allowed .

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Order Date :- 13.5.2022 Ashish

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Digitally signed by ASHISH MISHRA Date: 2022.05.16 16:44:19 IST Reason: Location: High Court of Judicature at Allahabad

Mohit Tomar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohit Tomar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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