Allowed¶28

Sarookh @ Monu v. State of U.P. Thru. Prin. Secy. Home and 2 Others

Allahabad HC12 Jan 2026A482/8671/2025

Case brief

AI extract

What is this about?

Section 482 quashing application - Sarookh @ Monu v. State of U.P. - Criminal Case No.36 of 2015 arising out of Case Crime No.857 of 2013, Sections 363, 366, 376, 506 IPC, P.S. Mohanganj, District Raebareli - applicant and victim solemnized 'Nikah', three children, living amicably - victim and informant unwilling to pursue the case - charge sheet filed - trial held futile - application allowed and proceedings quashed - interim order dated 14.10.2025 - Pankaj Bhatia, J. - Allahabad High Court, Lucknow Bench - January 12, 2026.

What did the court decide?

Quashing of the entire proceedings of Criminal Case No.36 of 2015, arising out of Case Crime No. 857 of 2013, under Sections 363, 366, 376, 506 IPC, P.S. Mohanganj, District Raebareli. ¶28

Sarookh @ Monu vs State of U.P. Thru. Prin. Secy. Home and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceedings of Criminal Case No.36 of 2015, arising out of Case Crime No. 857 of 2013, under Sections 363, 366, 376, 506 IPC, P.S. Mohanganj, District Raebareli.

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Issue for consideration

Whether the entire proceedings of Criminal Case No.36 of 2015, arising out of Case Crime No.857 of 2013, under Sections 363, 366, 376, 506 IPC, Police Station Mohanganj, District Raebareli, should be quashed.

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Court's answer

In view of the joint submission of learned counsel for both parties that the applicant and the victim are married, have three children and are living amicably, the application is allowed and the proceedings of Criminal Case No.36 of 2015, arising out of Case Crime No. 857 of 2013, under Sections 363, 366, 376, 506 IPC, P.S. Mohanganj, District Raebareli are quashed.

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Ratio / Principle

Trial of the case is futile as it is evident that the applicant and the victim solemnized 'Nikah' and presently have three children (finding recorded in this Court's order dated 14.10.2025, reproduced in the judgment, on which the final order proceeds).

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Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Pankaj Bhatia, J. (January 12, 2026): Application under Section 482 (Application U/S 482 No. 8671 of 2025) allowed; entire proceedings of Criminal Case No.36 of 2015, arising out of Case Crime No.857 of 2013, under Sections 363, 366, 376, 506 IPC, P.S. Mohanganj, District Raebareli, quashed. In the Court's earlier order dated 14.10.2025 (reproduced in the judgment) it was recorded, on the parties' submissions, that the applicant and the victim had solemnized 'Nikah' and had three children, that the victim and the informant did not wish to pursue the case, and that the trial was futile; charge sheet had already been filed and the interim proceedings had been stayed. It was also submitted that the applicant and the victim were juvenile at the time of the alleged incident. On the joint submission of learned counsel for both parties that the applicant and the victim are married, have three children and are living amicably, the application was allowed and the impugned proceedings were quashed.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 8671 of 2025

Sarookh @ Monu

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home And 2 Others

¶7

.....Opposite Party(s)

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Counsel for Applicant(s)	: Jaikaran
Counsel for Opposite Party(s)	: G.A., Dileep Kumar Tiwari

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Court No. - 12

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HON'BLE PANKAJ BHATIA, J.

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Heard learned counsel for the applicant and learned AGA for the Staterespondents.

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This Court has passed order dated 14.10.2025, which for the sake of convenience is reproduced below:

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"1. Vakalatnama as well as short counter affidavit filed by Sri Dileep Kumar Tiwari, Advocate on behalf of the opposite party no.2 & 3 are taken on record.

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2. Heard learned counsel for the applicant, learned counsel for the opposite party no.2 & 3 and learned A.G.A. for the State.

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3. The present application is filed with the prayer to quash the entire proceedings of Criminal Case No.36 of 2015, arising out of Case Crime No.857 of 2013, under Sections 363, 366, 376, 506 I.P.C., Police Station Mohanganj, District Raebareli.

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4. Learned counsel for the applicant submits that applicant as well as victim were juvenile at the time of alleged incident. He further submits that as both were in love, as a result, victim left her house on her own and joined the company of the applicant. He also submits that 'Nikah' has been solemnized in between the applicant and victim and they are enjoying their matrimonial life with having three children.

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5. Victim as well as informant of the present case do not want to pursue the case in question and requested that entire proceeding may be quashed.

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6. Learned counsel for the opposite party no.2 & 3 also conceded the

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A482 No. 8671 of 2025

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submissions of learned counsel for the applicant and submits that proceedings may be quashed as applicant and victim are enjoying their matrimonial life and they are having three children.

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7. Learned A.G.A. oppose the prayer of the applicant and submits that charge sheet has already been filed but on the basis of documents, he has not in a position to deny the facts that 'Nikah' of the victim was solemnized with the applicant and now they are enjoying their matrimonial life.

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8. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that applicant and victim solemnized 'Nikah' and presently they are having three children, therefore, trial of the case in question is futile one.

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9. List this case in the second week of January, 2026.

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10. The S.H.O., Police Station Mohanganj, District Amethi is directed to file affidavit with the fact that applicant and victim have solemnized 'Nikah' and they are having three kids.

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11. Until further order, impugned proceedings shall remain stayed."

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3. Learned counsels appearing for both parties submit that the applicant and victim are married and have three children and are living amicably.

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4. In view thereof, the application is allowed. The proceedings of Criminal Case No.36 of 2015, arising out of Case Crime No. 857 of 2013, under Sections 363, 366, 376, 506 IPC, P.S. Mohanganj, District Raebareli are quashed.

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(Pankaj Bhatia,J.)

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January 12, 2026

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J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Sarookh @ Monu v. State of U.P. Thru. Prin. Secy. Home and 2 Others

Case brief

What is this about?

What did the court decide?

Sarookh @ Monu v. State of U.P. Thru. Prin. Secy. Home and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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