Shree Krishana vs State of U.P. Thru. Secy. Home Deptt. Lko. and 4 Others

Heard Sri Uma Kant Gupta, learned counsel for the applicant, Ms. Priyanka Kaushal, learned Advocate holding brief of Sri Mukesh Kumar, learned counsel for opposite party No.2, and learned A.G.A. for the State.

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Learned counsel for the applicants submits that the present application has been filed under Section 482 Cr.P.C. seeking relief which as mentioned in the prayer clause of the application. The prayer clause is delineated below:-

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"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding in S.T. no. 57/2015, Crime No. 759/2014, U/s 363,366, 368, 376, 323, 504 IPC and 3/4 Protection of Children from Sexual Offences Act, Police Station - Harchandpur, District Raebareli as well as impugned charge sheet no. 25/2015 dated 16.4.2015 contained in Annexure no. 1 to this petition.

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Any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case, may kindly be passed in favour of the petitioner and against the opposite parties."

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Learned counsel for opposite party no. 2 submits that initially the First Information Report was lodged under Sections 363,366, 368, 376, 323, 504 IPC and 3/4 Protection of Children from Sexual Offences Act. It is further submitted that subsequently the applicant and the victim solemnized marriage and are presently residing together as husband and wife. It is also submitted that two children have been born out of the said wedlock.

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A482 No. 4761 of 2026

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2

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This Court, vide order dated 20.04.2026 passed in Application U/s 482 No. 3221 of 2026, directed both parties to appear before the concerned Court for verification of the compromise. The concerned Court was directed to verify the compromise application and prepare a report to this Court and the petitioner was directed to file fresh petition for quashing the criminal proceedings along with verification report of the Chief Judicial Magistrate concerned.

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In compliance with the order of this Court, both the parties appeared before the Chief Judicial Magistrate, Raebareli, and the concerned Court had verified the compromise application vide report/order dated 05.05.2026 and submitted report to this Court. The applicant has annexed the compromise verification report with this application.

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Learned counsel for opposite party no. 2 further submits that opposite party no. 2 does not wish to pursue the criminal proceedings against the accused-applicant, who is now her husband and prays that the criminal proceedings which are under challenge may be quashed.

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Learned counsel for the parties have relied upon the law laid down in B.S. Joshi and Others vs. State of Haryana and Another, (2003) 4 SCC 675; Gian Singh vs. State of Punjab, (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak, (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish, (2015) 8 SCC 307; J. Ramesh Kamath vs. Mohana Kurup, (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh, (2016) 12 SCC 471; and Parbatbhai Ahir vs. State of Gujarat, (2017) 9 SCC 641 and submits that the entire criminal proceedings be quashed on the basis of compromise.

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Therefore, in view of the compromise arrived at between the parties, which has been duly verified by the Court concerned and the law laid down by Hon'ble the Supreme Court, the entire proceedings of S.T. No. 57/2015, Crime No. 759/2014, U/s 363,366, 368, 376, 323, 504 IPC and 3/4 Protection of Children from Sexual Offences Act, Police Station - Harchandpur, District Raebareli, are quashed . The concerned Court is directed not to proceed with the case as the matter has already been settled by the parties on the basis of compromise.

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A482 No. 4761 of 2026

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3

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Accordingly, this application stands allowed .

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(Praveen Kumar Giri,J.)

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June 12, 2026 DKS

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Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad, Lucknow Bench

Shree Krishana v. State of U.P. Thru. Secy. Home Deptt. Lko. and 4 Others

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Shree Krishana v. State of U.P. Thru. Secy. Home Deptt. Lko. and 4 Others

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