Vikram v. State of U.P. and Another
Case brief
What is this about?
Application under Section 482 Cr.P.C. to quash cognizance and proceedings for kidnapping. The informant confirmed the victim married the applicant in 2009 and they live as husband and wife with a child. Court directed trial court to verify parties and compromise deed within three weeks; interim order continued.
What the court decided
Court No. - 72
Case :- APPLICATION U/S 482 No. - 24145 of 2024
Applicant :- Vikram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A.,Shailendra Kumar Kushwaha
Hon'ble Deepak Verma,J.
- Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State.
- The present 482 Cr.P.C. application has been filed to quash the cognizance order dated 31.07.2010, non-bailable order dated 16.06.2012 as well as entire proceedings of Case No.407 of 2011 (State vs. Ratnesh and others) arising out of Case Crime No.223 of 2009, under sections 363, 366 I.P.C., Police Station Phaphund, District Auraiya, pending in the court of Chief Judicial Magistrate, Auraiya.
- It has been contended by learned counsel for the applicant that opposite party no.2 is father of the victim, has lodged FIR against the applicant enticing away the daughter of the informant. Learned counsel for the applicant submits that the victim and applicant solemnized marriage and victim/daughter of the informant is living happily with the applicant. In Para-3 of the counter affidavit filed by the opposite party no.2, it has been stated that the deponent/opposite party no.2 does not want to proceed against the applicant further because his daughter and applicant solemnized marriage in the year 2009 and both are living as husband and wife and having male child aged about 13 years.
Issues for consideration
1 issue framed by the court
Whether proceedings under sections 363, 366 IPC should be quashed given the victim's marriage to the applicant and the informant's stated wish not to proceed?
Parties & counsel
- petitioner
Vikram
- respondent
State of U.P.
- respondent
Shailendra Kumar Kushwaha
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- A482/24145/2024
All orders in this case
6 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court