The High Court quashed the FIR and charge sheet under IPC and POCSO Act. The court observed that the marriage was performed with the consent of the girl child, who stated the FIR was lodged due to family pressure and is false and frivolous.
The proceedings pending against the applicants are hereby quashed. The application is allowed.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 35289 of 2022
Applicant :- Veer Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application has been filed with prayer to quash the impugned charge sheet dated 15.08.2021, arising out of Case Crime No. 113 of 2021, cognizance order dated 27.8.2021 under sections, 363, 366, 368 IPC and section 16/17 of POCSO Act, P.S. Mandawali, District Bijnor passed by Addl. District and Sessions Judge/Special Judge (POCSO Act), Bijnor in S.T. No. 810 of 2021 (State VS. Veer Singh and another) against applicant no. 1 and under section 368 IPC against the applicant No. 2.
It is contended by learned counsel for the applicants that applicant no. 1 has performed the marriage with Lakshmi who is daughter of first informant in Arya Samaj Mandir, Subhash Nagar, Bareilly on 5.7.2021 with Hindu rites and rituals.
Today applicant no. 1 and daughter of O.P. No. 2 namely Lakshmi who are husband and wife are present in the court and on query made by the court, the daughter of O.P. No. 2 namely Lakshmi stated that she has performed the marriage with applicant no. 1 on her own sweet will and consent and she wants to live with her husband. In this regard, the daughter of O.P. No. 2 namely Lakshmi has given her statement in writing in a plain paper which is kept on record. She also stated that she is major but due to pressure of some relatives, her mother has lodged an FIR against the applicants who are real brothers, which is false and frivolous.
Considering the statement of the Lakshmi, D/o of O.P.No. 2, the proceedings pending against the applicants are hereby quashed.
Accordingly, this application is allowed .
Order Date :- 13.12.2022 RPD
Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.12.14 16:48:17 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the pending proceedings against the applicants arising from a charge sheet under the IPC and POCSO Act should be quashed.
Veer Singh
Unknown Another
Gautam Chowdhary
As recorded by the court registry
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