Aleem Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

Aleem Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. allowed; the entire proceedings of Special Criminal Case No.580 of 2022 (State Vs. Aleem), including the charge sheet dated 8.10.2022 and the summoning order dated 1.12.2022, quashed.

Issue for consideration

Whether the charge sheet dated 8.10.2022 and the summoning order dated 1.12.2022 passed in Special Criminal Case No.580 of 2022 (State Vs. Aleem), arising out of case crime no.96 of 2022 under Sections 363, 366A, 376(2) IPC and 5/6 POCSO Act, are liable to be quashed under Section 482 Cr.P.C. in view of the marriage of the applicant with the victim and their living together as husband and wife.

Court's answer

The Court recorded as a finding from the record that the applicant Aleem has married Aaysha Khatoon, the daughter of opposite party no.4, and that both are living together as husband and wife.

Ratio / Principle

On a perusal of the records and the law laid down by the Apex Court on the subject matter, the Court held the present case to be a good case for exercising its powers to quash the proceedings as prayed for by the applicant.

Key takeaways

The entire proceedings of the aforesaid case (Special Criminal Case No.580 of 2022) were quashed.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Samit Gopal, J.) allowed an application under Section 482 Cr.P.C. by Aleem seeking quashing of the charge sheet dated 8.10.2022 and the summoning order dated 1.12.2022 passed by the Addl. District and Sessions Judge/Special POCSO Judge, Siddharth Nagar in Special Criminal Case No.580 of 2022 (State Vs. Aleem), arising out of case crime no.96 of 2022 under Sections 363, 366A, 376(2) IPC and 5/6 POCSO Act, P.S. Itwa, District Siddharth Nagar. Counsel for the applicant placed a Nikahnama on record (annexure no.4 to the supporting affidavit) contending that the applicant and the victim had married and were living as husband and wife; the victim was impleaded as opposite party no.5 during the course of the day and her affidavit, with her counsel's vakalatnama, was taken on record. Counsel for opposite party no.2 admitted the marriage and stated he had no objection to quashing. The Court found on the record that the applicant had married Aaysha Khatoon, daughter of opposite party no.4, and that both were living together as husband and wife; and, on the records and the law laid down by the Apex Court on the subject (Mafat Lal and another vs. State of Rajasthan, (2022) 6 SCC 589, relied upon by the applicant's counsel), held it a good case for exercising its quashing powers. The entire proceedings of the case were quashed and the application allowed (order dated 3.2.2023).

Court No. - 69

Case :- APPLICATION U/S 482 No. - 2536 of 2023

Applicant :- Aleem Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhil Tripathi,Ajay Tripathi,Santosh Pathak Counsel for Opposite Party :- G.A.,Ashok Kumar Yadav

Hon'ble Samit Gopal,J.

List revised.

Heard Sri Akhil Tripathi, learned counsel for the applicant, Sri Ashok Kumar Yadav, learned counsel for the opposite party no.5 and Sri Raj Kumar Gupta, learned AGA for the State and perused the records.

Sri Ashok Kumar Yadav, Advocate has filed his vakalatnama on behalf of opposite party no.5 along with impleadment application supported by an affidavit of the victim which is taken on record.

Learned counsel for the applicant is permitted to implead the victim as respondent no.5 in the array of parties during the course of the day.

The present application under Section 482 Cr.P.C., has been filed by the applicant-Aleem with the prayer to quash the Charge Sheet dated 8.10.2022 as well as impugned summoning order dated 1.12.2022 passed by Addl. District and Sessions Judge/Special POCSO Judge, Siddharth Nagar in Special Criminal Case No.580 of 2022 (State Vs. Aleem) arising out of case crime no.96 of 2022, u/s 363, 366A, 376(2) IPC and 5/6 POCSO Act, P.S. Itwa, District Siddharth Nagar pending before Addl. District and Sessions Judge/Special POCSO Judge, Siddharth Nagar and to stay the effect and operation of further proceedings of aforesaid case.

Learned counsel for the applicants argued that the applicant has been falsely implicated in the present case. It is argued while placing para 10 of the affidavit in support of the present 482 Cr.P.C. application, that the applicant Aleem and victim have got Nikah done in a Masjid in Siddharth Nagar, copy of the Nikahnama is annexed as annexure no.4 to the affidavit filed in support of the present 482 Cr.P.C. application. It is argued that both are living together as husband and wife. It is argued while placing para 21 and 22 of the affidavit in support of the present 482 Cr.P.C. application, that the victim is aged about 20 years, 05

months and 17 days at the time of occurrence as her date of birth is 1.1.2002 and at present the victim and applicant are living as husband and wife. Learned counsel has relied upon the judgement of Apex Court in the case of Mafat Lal and another vs. State of Rajasthan : (2022) 6 SCC 589 . He states that the proceedings against the applicant may be quashed.

Learned counsel for opp. party no.2 admitted the fact that the applicant Aleem has married the daughter of the opposite party no.4 namely Aaysha Khatoon and both are living together as husband and wife and stated that he has no objection if the proceeding of the aforesaid case is quashed against the applicant.

From the perusal of the record it is apparent that the applicant Aleem has married the daughter of the opposite party no.4 namely Aaysha Khatoon and both are living together as husband and wife.

From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicant(s).

The entire proceedings of the aforesaid case are hereby quashed.

The present application is allowed.

(Samit Gopal, J.)

Order Date :- 3.2.2023 Gaurav

Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad