Mangesh Chaudhary v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 31216 of 2016 Applicant :- Mangesh Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 09.02.2016 and cognizance order dated

30.08.2016 as well as entire proceedings of Special Trial No.679 of 2016 arising out of Case Crime No.272 of 2015, under Sections 363, 366, 376 I.P.C. and Section 3/4 Protection of Children from Sexual Offence Act, 2012 and Section 3 (2)

(v) SC/ST Act, Police Station Chauri-Chaura, District Gorakhpur.

¶3Learned counsel for the applicant submits that during the pendency of proceeding, applicant and victim, namely, Sandhya had solemnized marriage and out of their wedlock, two children were born and their date of birth certificate is annexed as Annexure No.1 and 2 with the supplementary affidavit dated

12.05.2022 duly sworn by victim herself. He next submits that in the affidavit it is admitted that now the applicant and victim are living together along with two children, therefore, in light of the affidavit filed by victim supporting the case of the applicant, the criminal proceeding against the applicants may be quashed.

¶4Learned A.G.A has not objected the aforesaid facts.

¶5In view of the facts and circumstances of the case, the applicant and victim have solemnized marriage and they are living together happily and she does not want to pursue the case any further as stated by them on affidavit. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

¶6Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another;

(2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of the aforesaid case is hereby quashed.

¶7The present application is, accordingly allowed. Order Date :- 20.11.2023 Amit/- High Court of Judicature at Allahabad