Faisal Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:1228

Court No. - 12

Case :- APPLICATION U/S 482 No. - 100 of 2025

Applicant :- Faisal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Prabhakar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Counter affidavit on behalf of opposite party no.2 filed today, is taken on record.

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Heard learned counsel for the applicant, learned Counsel for opposite party no.2, learned AGA for the State of U.P. and gone through the record.

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The present application has been filed for the following main relief:-

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"WHEREFORE it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the entire proceeding of the S.T. No.745/2024 Crime No.26/2024, Under section-312, 328, 376, 406, 504, 506, I.P.C., Police StationWazeerganj, District-Lucknow, State of U.P. Versus Faisal pending before the Hon'ble Court District & Session Judge/FTC First, Lucknow alongwith the charge sheet No.1, submitted by the Police of P.S.-Wazeerganj, in Case Crime No.26/2024 Under section-312, 328, 376, 406, 504, 506, I.P.C., Police StationWazeerganj, District-Lucknow, pending before Hon'ble Court District & Session Judge/FTC First, Lucknow, in the interest of justice."

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It is stated that opposite party no.2/victim aged about 25 years and applicant were having affair since 2018 and on account of some petty dispute, the marriage of applicant and opposite party no.2/victim could not be solemnized and therefore, being annoyed the opposite party no.2/victim on 25.01.2024 at Police Station Wazeerganj, District Lucknow, registered a case as Case Crime No.26/2024 making allegations to attract the offence under section-312, 328, 376, 406, 504, 506, I.P.C. including that on the pretext of false marriage promise, the applicant established physical relations with the victim and on account of the same, the victim got pregnant and at the behest of the applicant the abortion was carried out.

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It is further stated that applicant and opposite party no.2/victim solemnized marriage (Nikahnama) on 18.08.2024 and copy of the Nikahnama is annexed as Annexure No. 3 to the present application.

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It is further stated that the case of the applicant is squarely covered by the judgment of the Hon'ble Apex Court passed in the case of Deepak Gulati vs. State of Haryana (2013) 7 SCC 675; Sonu @ Subhash Kumar vs. State of U.P. and Another (2021) 7 SCC; and Mandar Deepak Pawar vs. State of Maharashtra and Another 2022 SCC OnLine SC 2110.

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Upon consideration of the aforesaid as also the observations of Hon'ble Apex Court passed in the case of Deepak Gulati (Supra) , Sonu @ Subhash Kumar (Supra) as also in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which based upon the compromise the criminal proceedings can be quashed, as also taking note of the nature of dispute/crime and also that if the criminal proceedings are allowed to continue then in that eventuality matrimonial life of opposite party no. 2/victim and the applicant would be ruined, this Court is of the view that no purpose would be served in keeping the proceedings pending before the trial court. Accordingly, present application is allowed . Consequently, the entire proceedings of Case Crime No.26/2024 (Supra) , indicated in the prayer, quoted above, are hereby quashed.

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Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.

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Order Date :- 8.1.2025

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Faisal v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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