Prakash Lal Vs State of Uttarakhand

Mr. R.C. Tamta, learned counsel for the applicant. Mr. B.C. Joshi, learned AGA along with Ms. Sweta Badola Dobhal, learned Brief Holder for the State.

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Hon'ble Pankaj Purohit, J.

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The prayer made in this application filed under Section 482 of Cr.P.C. is to set-aside the order dated 01.08.2016 passed by learned Sessions Judge, Chamoli (Gopeshwar) in Sessions Trial No.13 of 2015, State vs. Prakash Lal. A further prayer has been made to quash the entire proceedings of the aforesaid session trial.

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The facts in nutshell are that an FIR was lodged by respondent no.2 on 07.06.2013 at Police Station Chamoli under Section 363/366 IPC with the averment that the applicant had enticed away his minor daughter aged about 16 years. On the said report after investigation, police submitted the charge-sheet against the applicant under Section 363/366 IPC and the case was registered against him.

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Since the matter was cognizable by Sessions Court, it was accordingly transferred to the Court of

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Sessions Judge, Chamoli. Learned Sessions Judge, Chamoli (Gopeshwar) by its order dated 01.08.2016 has framed the charges against the applicant for the offence punishable under Section 363/366 IPC. Challenging the said order of framing of charge, applicant has knocked the door of this Court.

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I have heard learned counsel for the parties and carefully gone through the entire material available on record.

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It is pertinent to mention at this stage that the victim had filed her affidavit before the Court wherein she clearly stated that she had married with the applicant on 15.06.2014 as per Hindu Rites and the registration of their marriage was also got done in the office of Registrar, Dehradun. In support of this pleading, victim produced the marriage registration certificate dated 07.05.2015.

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The main purpose of the inherent powers vested in this Court under Section 482 Cr.P.C. is to provide justice to the parties. In this regard, it needs to be mentioned that the victim has herself stated before the court below that she has married with the applicant of her own free will regarding which she also produced the copy of marriage certificate which was done before the Registrar of Marriage, Dehradun.

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It is also not in dispute that the applicant and his wife (victim) are living now as husband and wife. Out of the said marriage, two children have also borned. At this stage, sending the applicant to face the rigmarole of the criminal trial would cause grave injustice to the entire family. In order to bring justice to the parties, it would be in the fitness of things to not to interfere in the

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peaceful living of the family i.e. applicant and the victim along with their children.

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In view of the aforesaid discussions, I am of the view that no fruitful purpose would be served to permit the applicant to face the criminal trial which was ultimately result into acquittal. This would definitely be a futile exercise.

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For the aforesaid reasons, I allow this application filed under Section 482 Cr.P.C. The entire proceedings of Sessions Trial No.13 of 2015, State vs. Prakash Lal, pending before the learned Sessions Judge, Chamoli (Gopeshwar), under Section 363/366 IPC are hereby quashed.

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Let a copy of this order be sent to the court below for compliance.

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Pending application, if any, stands disposed of.

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(Pankaj Purohit, J.) 03.03.2025

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AK

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Prakash Lal v. State of Uttarakhand

Case brief

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Prakash Lal v. State of Uttarakhand

Case brief

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