Allowed

Rahis v. State of U.P. and Another

Allahabad HC6 Jan 2023A482/25957/2016

Case brief

AI extract

What is this about?

The applicant sought quashing of a charge-sheet filed against him for offences including abduction, trafficking, and POCSO. The court found the dispute arose from a marriage between two consenting adults against parental wishes. Since the victim was a major and living with the applicant, no offence was made out, and the proceedings were quashed.

What did the court decide?

The impugned charge-sheet dated 04.07.2015 and the entire proceedings of Criminal Case No. 151 of 2015 arising out of Case Crime No. 184 of 2015 were quashed.

Rahis Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 25957 of 2016

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Applicant :- Rahis Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Chandra Dixit,Ishwar Chandra Tyagi,Nafees Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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Present application was entertained by the following order dated 31.08.2016 :

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"Heard learned counsel for the applicant and learned A.G.A.

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Present application has been filed seeking quashing of the charge-sheet dated 4.7.2015 as well as entire proceedings of Criminal Case No. 151/2015, State Vs. Rahis and others, arising out of Case Crime No. 184/2015, under Sections 363, 366-A, 376-D IPC and 3/4/5 (g) POSCO Act, Police Station Sardhana, district Meerut.

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Submission of learned counsel for the applicant is that no offence as alleged has been made out in the present case.

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Attention was drawn to the order dated 18.4.2015 passed in Criminal Misc. Writ Petition No.9372 of 2015, Smt. Gulfsa and another Vs. State of U.P. and 3 others, which is quoted as under:

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"Heard learned counsel for the petitioners and learned A. G. A. for the State.

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This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 07.04.2015 which has been registered as Case Crime No. 184 of 2015, under Sections- 363 and 366 I.P.C., P.S.- Sardhana, district- Meerut.

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After going through the impugned F. I. R., we are not inclined to quash the same.

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However, from the perusal of the interim order dated 07.04.2015 passed by this Court it appears that this Court had stayed the arrest of the petitioners till submission of police report under Section 173 (2) Cr. P. C. and since the investigation has not been completed till date, we dispose of this writ petition with the direction that the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr. P. C.

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The petitioners shall file a certified copy of this order within two weeks' from today before the SSP concerned, who shall look into the matter and ensure that the investigation in the above mentioned case is completed expeditiously preferably within six weeks from the date of production of certified copy of this order.

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With the aforesaid direction, this petition is finally disposed of.

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Learned AGA shall communicate this order to the concerned authorities concerned." A perusal of the aforesaid order indicates that the applicant and Smt. Gulfsa were present in the Court and they have stated before the Court that they have married out of their own freewill and are major. Alongwith the petition Adhar Card of petitioner no. 1 Smt. Gulfsa and election commission card of petitioner no. 2 Rahis were annexed. Noticing the aforesaid fact interim protection was granted by the Hon'ble Division Bench. In paragraph 14 of the affidavit filed in support of this application, it has been categorically stated that after marriage out of the wedlock one child was born and they are living their life happily and therefore, it is submitted that no offence under Sections 363, 366-A, 376-D and 3/4/5 (g) POSCO Act has been made out.

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Matter requires consideration.

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Learned A.G.A. has accepted notice for the opposite party no. 1.

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Issue notice to opposite party no. 2. Steps be taken within ten days.

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All the opposite parties may file counter affidavit within six weeks. The applicant shall have three weeks thereafter to file rejoinder affidavit. List thereafter.

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Till the next date of listing, further proceedings in pursuance of chargesheet dated 4.7.2015 as well as Criminal Case No. 151/2015, State Vs. Rahis and others, arising out of Case Crime No. 184/2015, under Sections 363, 366-A, 376-D IPC and 3/4/5 (g) POSCO Act, Police Station Sardhana, district Meerut shall remain stayed."

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Notice issued to opposite party no.2/father of the alleged victim girl has been served. However, none has appeared on behalf of the said opposite party no.2. As to the current status, learned counsel for the applicant states, the parties namely Rahis and Smt. Gulfsa are living in matrimony. They have a daughter who is seven years old. There is no real lis between the parties.

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Having heard learned counsel for the applicant and learned AGA for the State, it appears, the dispute between the parties was purely civil arising from the marriage performed by Smt.

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Gulfsa with the applicant against the wishes of her father.

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Owing to such fact, present prosecution had arisen. However, there is no doubt, Smt. Gulfsa had attained the age of majority on the date of occurrence.

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In view of such fact, allegation of offence as alleged may never be made out against the present applicant inasmuch as the alleged victim had attained the age of majority and has never supported the prosecution allegation. In fact, she is found to be living in matrimony with the present applicant and has a daughter.

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Accordingly, the present application is allowed . The impugned charge sheet dated 04.07.2015 as well as the entire proceedings of Criminal Case No. 151 of 2015 (State Vs. Rahis), arising out of Case Crime No. 184 of 2015, under Sections - 363, 366-A, 376-D I.P.C. and Section 3/4/5(g) of POCSO Act, Police Station - Sardhana, District - Meerut, pending in the court of Additional District & Sessions Judge, Court No. 12, Meerut is quashed.

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Order Date :- 6.1.2023 Abhilash

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Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad

Rahis v. State of U.P. and Another

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Rahis v. State of U.P. and Another

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