Ashish Panday Vs State of U.P. Thru. Prin. Secy. Homes Govt. of Up and Ors.

The present application u/s 482 Cr.P.C. has been filed by the applicant with prayer to quash the charge sheet no. 55A of 2013 dated 8.1.2014 arising out of Case Crime No. 254 of 2013, under Sections 363, 366 IPC, Police Station Lonar, District Hardoi as well as entire proceeding of Case No. 90 of 2015, relates to the applicant, in the interest of justice.

It is submitted by learned counsel for the applicant that in this case, applicant and opposite party no. 5 were major at the time of alleged incident, they were in affair and entered into marriage and started living with each other. In the meantime, father of opposite party no. 5 lodged the present F.I.R. Further submitted that the victim was major aged about 18 years as per medical report and she was willing and consenting party. The statement of the victim under Section 164 Cr.P.C. was recorded before the learned Magistrate in which she clearly stated that she entered into marriage with the applicant voluntarily with her own will. It is also submitted that since then both of them are living together and now there are two children, namely, Vaishnavi and Ananya from wedlock regarding which short counter affidavit has been filed by opposite party no. 5 herself that is on record. Since, charge sheet was filed under Sections 363, 366 IPC against the applicant and cognizance was also taken by the learned court, therefore, if it is permitted to continue it will be abuse of process of the court and law, therefore, request to quash the charge sheet as well as entire proceedings of the case.

Learned counsel for opposite party no. 5 as well as learned A.G.A. contended that short counter affidavit by opposite party no. 5/victim is on record in which she stated that marriage was solemnized between both of them and there are two children, therefore, they have no objection.

On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant, learned counsel for opposite party no. 5 as well as learned A.G.A. perusal of record, the age of the victim as 18 years as per medical report and her statement as recorded by the learned Magistrate under Section 164 Cr.P.C. which shows that she was willing and consenting party and entered into marriage with the applicant and also the short counter affidavit filed by opposite party no. 5/victim and also having two issues with wedlock, this Court is of the opinion that if the proceedings are permitted to go on it will amount to abuse of process of law and process of the court. As a result, the order passed by the learned court concerned is liable to be quashed.

As a result the present application is allowed and the charge sheet no. 55A of 2013 dated 8.1.2014 arising out of Case Crime No. 254 of 2013, under Sections 363, 366 IPC, Police Station Lonar, District Hardoi as well as entire proceedings of the Case No. 90 of 2015 are hereby quashed.

Order Date :- 20.2.2025 Anurag Singh

Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ashish Panday v. State of U.P. Thru. Prin. Secy. Homes Govt. of Up and Ors.