Allowed

Ram Bilas Alias Mithun Kashyap and Another v. State of U.P. Thru. Secy. Ministry of Home Affairs Civil Sedcret. Lko. and Another

Allahabad HC12 Mar 2024/1188/2024

Case brief

AI extract

What is this about?

This judgment quashes criminal proceedings under Section 482 Cr.P.C. where the alleged victim of an IPC 376 offence had married the accused. The court held that continuing proceedings would unjustly persecute the parties absent a medico-legal report supporting the rape allegation.

What did the court decide?

The application was allowed; the charge sheet dated 05.03.2022 and the proceedings of Special Trial No. 856 of 2022 were quashed.

Ram Bilas Alias Mithun Kashyap and Another Vs State of… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:21668

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1188 of 2024 Applicant :- Ram Bilas Alias Mithun Kashyap And Another Opposite Party :- State Of U.P. Thru. Secy. Ministry Of Home Affairs Civil Sedcret. Lko. And Another Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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As the opposite party no.2 is alleged to be a victim of the offence under Section 376 I.P.C as well as POCSO Act, her identity ought not to have been disclosed in the application and other documents filed in this court. Accordingly, the learned counsel for the applicants is directed to carry out the necessary corrections in the memo of the application so as to hide the identity of the applicant no.2, who is alleged victim of offence under Section 376 I.P.C.

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Sri Gulam Rabbani, learned counsel for the opposite party no.2 has filed his short counter affidavit which is taken on record.

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Heard Sri. Vijay Kumar, the learned counsel for the applicants, Sri, Anurag Verma, the learned A.G.A.-I and Sri Gulam Rabbani, the learned counsel for the opposite party no.2 and perused the record.

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By means of the instant application filed under Section 482 Cr.P.C. the applicants have sought quashing of the charge sheet no. 01 dated 05.03.2022 arising out of Case Crime No. 71 of 2022, under Sections 376, 506 I.P.C. and Section 5/6 of POCSO Act, Police Station P.G.I. District Lucknow as well as the proceedings of the Special Trial No. 856 of 2022 which is pending in the Court of Special Judge, POCSO Act, Lucknow.

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The opposite party no.2 had lodged an F.I.R No.71/2022 on 03.02.2022 alleging that her daughter aged about 14 years had gone missing.

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A settlement agreement signed by the applicant and daughter of the

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complainant-the alleged victim of the offence has been annexed with the application, wherein the victim has stated that she is aged about 22 years, she loved the applicant and she has married him on 27.12.2023. The alleged victim of the offence has joined the applicant-accused in filing this application seeking quashing of the proceedings.

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The complainant- the opposite party no.2 has filed a short counter affidavit accepting that her daughter has married the applicantaccused, stating that she has no objection in case the application is allowed.

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The learned A.G.A-I has produced a copy of the relevant extract of case diary, which contains the statement of the victim recorded under Section 161 Cr.P.C, wherein she stated that she was in a relationship with the applicant.

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Although, the F.I.R in the present case involve allegation of commission of offence under Section 376 I.P.C but keeping in view the peculiar facts and circumstances of the case where the alleged victim has married the applicant and the allegation of rape is not supported by any medico-legal examination report of the victim, and that the alleged victim has joined the accused in seeking prayer for quashing of the proceedings which has been supported by the complainant also, I am of the considered view that the continuance of criminal proceedings in such a circumstance would only result in persecution of the applicant as well as the complainant. Therefore, it would be in the interest of justice that the proceedings be quashed.

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Accordingly, the application is allowed and the charge sheet no. 01 dated 05.03.2022 as well as the proceedings of the Special Trial No. 856 of 2022 are hereby quashed.

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(Subhash Vidyarthi, J.)

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Order Date :- 12.3.2024/Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Ram Bilas Alias Mithun Kashyap and Another v. State of U.P. Thru. Secy. Ministry of Home Affairs Civil Sedcret. Lko. and Another

Case brief

What is this about?

What did the court decide?

Ram Bilas Alias Mithun Kashyap and Another v. State of U.P. Thru. Secy. Ministry of Home Affairs Civil Sedcret. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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