Kamil Husain Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:121766

Court No. - 79

Case :- APPLICATION U/S 528 BNSS No. - 16994 of 2025

Applicant :- Kamil Husain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Prashant Kumar,J.

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Heard Sri Vivek Kumar Mishra, learned counsel for applicant, learned A.G.A. for the State-respondent no.1, Sri Vidhu Bhushan Shukla, learned counsel for opposite party no.2 and perused the record.

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The present application under Section 582 BNSS has been filed for quashing of entire proceedings of Sessions Trial No.2831 of 2024 (State v. Kamil Husain), arising out of Case Crime No.124 of 2024, under Sections 376 and 506 IPC, P.S. Charthawal, District Muzaffarnagar, pending before the Court of Additional District Judge, F.T.C.-II, Muzaffarnagar on the basis of compromise

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In the instant matter, an F.I.R. was lodged by O.P. no.2 on 27.05.2024, under section 376, 406, 313, 506 I.P.C. alleging that has made physical relation with her by promising to marry her, but subsequently, he refused to marry her. In this matter after investigation, chargesheet was filed on 25.07.2024 and the Court has taken cognizance was taken on 23.09.2024. The entire proceeding are under challenge by means of instant application.

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Learned counsel for the applicant submits that the applicant and O.P. no.2 were having love affair and during pendency of criminal proceeding they have solemnized marriage on 26.05.2025. The certificate of marriage has been annexed as Annexure -SA-1 to the supplementary affidavit dated 08.06.2025 filed by the applicant. He further submits that the FIR was lodged by the victim, who has now filed an affidavit stating that she has solemnized marriage with the applicant and living happily as husband and wife and does not want to prosecute the applicant. On the above conspectus, learned counsel for the applicant submits that criminal prosecution of the applicant is liable to be quashed as if the criminal prosecution of applicant is allowed to continue, a happy family shall stand broken.

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5.Sri Vidhu Bhushan Shukla, learned counsel for opposite party no.2 has

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filed a short counter affidavit enclosing therewith the notary affidavit given by the victim/opposite party no.2 to the effect that she has solemnized the marriage with the applicant, and has no objection, in case, the present application is allowed and the entire proceedings are quashed.

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Learned learned A.G.A. could not dislodge the factual and legal submissions urged by the learned counsel for applicant and learned counsel for opposite party no.2.

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Heard the submission advanced by learned counsel for the parties and perused the record.

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It transpires from the record that in the light of marriage having taken place between the victim and the accused/applicant, more particularly, an affidavit filed by the victim showing that the couple is leading a happy marital life. In the teeth of these facts, glaring enough they are, if the Court would shut its doors to the couple who are married, the entire proceeding would result in miscarriage of justice. As such, no useful purpose shall be served in prolonging the criminal prosecution of accused/applicant.

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On account of the facts as noted above, the chances of conviction of accused/applicant is now not only remote but also bleak in view of the fact they have solemnized the marriage. As such, in case the criminal prosecution of applicant is allowed to continue, a happy family comprising of accused/applicant and victim shall stand broken.

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At this juncture, reference be made to the judgement of Hon'ble Supreme Court in the case of Dasari Srikanth vs. State of Telangana, 2024 Live Law (SC) 391 wherein the Court has held in para No.8 as under:

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"8. Since, the appellant and the complainant have married each other, the affirmation of the judgment rendered by the High Court would have the disastrous consequence on the accused appellant being sent to jail which in turn could put his matrimonial relationship with the complainant in danger."

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The Hon'ble Apex Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, (2019) 5 SCC 688 has laid down principle for quashing the proceeding on the basis of settlement/compromise.

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The ratio laid down by the Apex Court in aforementioned judgements is squarely applicable to the present case as applicant has solemnized marriage with the victim and compromise has also arrived at between the parties.

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In view of the aforesaid facts, since the applicant has married the

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victim and the parties have amicably settled their dispute, the present Application U/S 528 BNSS is liable to be allowed.

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Accordingly, the present Application U/S 528 BNSS is allowed and the entire proceedings of Sessions Trial No.2831 of 2024 (State v. Kamil Husain), arising out of Case Crime No.124 of 2024, under Sections 376 and 506 IPC, P.S. Charthawal, District Muzaffarnagar, pending before the Court of Additional District Judge, F.T.C.-II, Muzaffarnagar, are hereby quashed.

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Order Date :- 24.7.2025 S.P.

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Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad

Kamil Husain v. State of U.P. and Another

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