Arif and 5 Others vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:4709

Court No. - 71

Case :- APPLICATION U/S 482 No. - 36434 of 2024

Applicant :- Arif And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Faiz Hasnain Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Syed Faiz Hasnain, the learned counsel for applicants, the learned A.G.A. for State-opposite party-1 and Mr. Suresh Kumar Maurya, the learned counsel representing prosecutrix/first informant/opposite party-2.

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Short counter affidavit filed by Mr. Suresh Kumar Maurya, the learned counsel representing prosecutrix/first informant/opposite party-2 in Court today, is taken on record.

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Perused the record.

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Applicants-Arif and 5 Others, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 13.02.2024 as well as summoning order dated 26.07.2024 alongwith entire criminal proceeding Criminal Case No. 9634 of 2024 arising out of Case Crime No. 1038 of 2023, under Sections 376, 452, 323, 504, 506 IPC against applicant no.1 and under section 323, 504, 506 against applicant nos.2 to 6, Police Station Civil Lines, District Moradabad (State Versus Arif and others) pending in the court of Chief Judicial Magistrate, Moradabad, in view of the compromise deed 02.09.2024.

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It is further respectfully prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Criminal Case No. 9634 of 2024 arising out of Case Crime No. 1038 of 2024, under Sections 376, 452, 323, 504, 506 IPC against applicant no.1 and under section 323, 504, 506 against applicant nos.2 to 6, Police Station Civil Lines, District Moradabad (State Versus Arif and others) pending in the court of Chief Judicial Magistrate, Moradabad, in view of the compromise deed 02.09.2024 during the pendency of the present application (under section 482 of Cr.P.C.) before this Hon'ble Court, otherwise the applicants shall suffer irreparable loss and injury."

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Learned counsel for applicants submits that subsequent to the FIR dated 18.12.2023 lodged by the prosecutrix/first informant/opposite party-2 and giving rise to present criminal proceedings, the prosecutrix has herself solemnized marriage with applicant-1 Arif. As such, the prosecutrix is now the legally wedded wife of applicant-1. The Nikahnama of the parties has also been brought on reocrd as Annexure-5 to the affidavit filed in support of present application. In view of above, the prosecutrix is now residing with applicant-1 as his legally wedded wife. On the aforesaid premise, the learned counsel for applicants submits that the criminality, if any, committed by applicants now stands washed of. As such, no useful purpose shall be served in prolonging the criminal prosecution of applicants. In case, the criminal prosecution of applicants is allowed to continue, a happy family shall stand broken. He thus submits that present application is, therefore, liable to be allowed.

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Per contra, the learned learned A.G.A. for State-opposite party-1 does not oppose the present application. Learned A.G.A. submits that since the prosecutrix/first informant/opposite party-2 is major and she has willingly entered into a compromise with the accusedapplicants, therefore, he cannot have any objection, in case, the present application is decided by this Court taking into consideration the aforesaid facts.

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Mr. Suresh Kumar Maurya, the learned counsel representing prosecutrix/first informant/opposite party-2 submits that he has instructions not to oppose the present application. In the submission of the learned counsel representing prosecutrix/first informant/opposite party-2, it is admitted to the parties that the prosecutrix has solemnized marriage with applicant-1. As such, the prosecutrix is now the legally wedded wife of applicant-1. In view of above, he submits that the prosecutrix is now residing with applicant-1 as his legally wedded wife. He, therefore, contends that he cannot have any objection, in case, the present application is decided by this Court taking into consideration the aforesaid facts.

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Having heard the learned counsel for applicants, the learned A.G.A. for State-opposite party-1, the learned counsel representing prosecutrix/first informant/opposite party-2 and upon perusal of record, this Court finds that it is an undisputed fact that subsequent to the FIR dated 18.12.2023 lodged by the prosecutrix/first informant/opposite party-2 and giving rise to present criminal proceedings, the prosecutrix has solemnized marriage with applicant-1. As such, the prosecutrix is now the legally wedded

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wife of applicant-1. The prosecutrix and applicant-1 are, therefore, now living together as husband and wife. The bona-fide of applicants is further evident from the fact that the copy of Nikahnama has been brought on record as Annexure-5 to the affidavit filed in support of present application. The said facts are admitted to the learned counsel representing prosecutrix/first informant/opposite party-2. In view of above, the criminality, if any, committed by applicant now stands washed of. As such, in case, the criminal prosecution of applicant is allowed to continue, a happy family shall stand broken. As such, no useful purpose shall be served in prolonging the criminal prosecution of applicants.

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In view of the discussion made above, the present application succeeds and is liable to be allowed.

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It is, accordingly, allowed.

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The entire proceedings of Criminal Case No. 9634 of 2024 (State Vs. Arif and Others), arising out of Case Crime No. 1038 of 2023, under Sections 376, 452, 323, 504, 506 IPC, Police StationCivil Lines, District-Moradabad now pending in the Court of Chief Judicial Magistrate, Moradabad are, hereby, quashed.

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The parties shall bear their own costs.

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Order Date :- 9.1.2025 Vinay

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad

Arif and 5 Others v. State of U.P. and Another

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Arif and 5 Others v. State of U.P. and Another

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