Anjum Nisha @ Anju and 2 Others v. State of U.P. and Another

Allahabad HC25 Apr 2022A482/5943/2022

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing; Sections 363, 366 IPC; kidnapping and abduction; voluntary marriage of major victim; victim's statement before High Court; abuse of process; Case Crime No. 201 of 2014; Case No. 1223 of 2016; Police Station Badgaon; District Saharanpur; Judicial Magistrate Deoband; Anjum Nisha @ Anju; Ravindra; State of U.P.; Allahabad High Court; Gautam Chowdhary, J.; order dated 25.4.2022; proceedings quashed.

What did the court decide?

Quashing of the proceedings of Case No. 1223 of 2016 (State Vs. Ravindra and others) arising out of Case Crime No. 201 of 2014 under Sections 363, 366 I.P.C., Police Station Badgaon, District Saharanpur, pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate, Deoband, District Saharanpur. ¶¶9

Anjum Nisha @ Anju and 2 Others Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 5943 of 2022

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Applicant :- Anjum Nisha @ Anju And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishe Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Pursuant to the earlier order of this Court dated 11.03.2022, notice has been duly served upon the opposite party no.2 but no one appeared on his behalf.

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Heard Sri Abhisehk Pandey, learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record.

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The present 482 Cr.P.C. application has been filed praying for quashing the proceedings of Case No. 1223 of 2016 (State Vs. Ravindra and others) arising out of Case Crime No. 201 of 2014 under Sections 363, 366 I.P.C. Police Station Badgaon, District Saharanpur pending before learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Deoband, District Saharanpur

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Learned counsel for the applicants submits that the applicant no.2 and the applicant no.1, who is daughter of the opposite party no.2, in the present case, have solemnised marriage out of their own free will and consent and both of them are residing happily as husband and wife. He next submits that the deponent of the present case is the victim herself and since the opposite party no.2 was not happy with the marriage, in order to exert pressure and to harass the applicants initiated the present proceedings which is nothing but an abuse of the process of law. The victim namely, Anjum Nisha @ Anju daughter of the opposite party no.2 is present before this Court pursuant to the earlier order of this Court dated 11.03.2022, who is identified by her counsel. She has stated that she is major and has solemnised marriage with the applicant no.2- Ravindra on 04.11.2014 out of her own freewill and is living with him as husband and wife. She has further stated that out of the said conjugation, one child has also born.

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In view of the statement of the applicant no.1, the application under Section 482 Cr.P.C. is allowed and the proceeding of aforesaid case is quashed.

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Order Date :- 25.4.2022 Krishna*

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Digitally signed by KRISHNA KUMAR Date: 2022.04.29 11:27:50 IST Reason: Location: High Court of Judicature at Allahabad

Anjum Nisha @ Anju and 2 Others v. State of U.P. and Another

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Anjum Nisha @ Anju and 2 Others v. State of U.P. and Another

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