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Allahabad High Court · body

2017 DIGILAW 2679 (ALL)

RAM BAHADUR YADAV v. STATE OF U. P.

2017-11-20

PRATYUSH KUMAR

body2017
JUDGMENT : Pratyush Kumar, J. Accused/applicants by the instant application under Section 482 Cr. P.C., 1973 prays for quashing the proceedings of Sessions Trial No. 266 of 2016 (State v. Ram Bahadur & Ors.) under Sections 376, 504, 506 IPC and 3(2), 5Ka, 3(1) Dha, SC/ST (P.A) Act, Police Station Peeparpur, District Amethi, arising out of Case Crime No. 248 of 2016 as also for quashing of order dated 26.09.2017 passed by Special Sessions Judge, Sultanpur directing framing of charges against the present applicant on the ground that no offence has been committed. 2. The dispute is purely matrimonial in nature. OP No. 2 is an adult. She had with her own free will solemnized marriage with the present applicant No. 1. 3. On behalf of OP No. 2 counter affidavit has been filed whereby it has been stated that OP No. 2 is major. She had performed marriage with applicant No. 1 with her free will. Between the families amicable settlement has been arrived at. 4. Heard learned counsel for the parties and learned AGA for the State and perused the record. 5. Even in the First Information Report age of OP No. 2 has been mentioned as 19 years. Between the two families compromise has been arrived at which has been annexed as annexure-10. Annexure-9 is the marriage certificate. 6. In view of the fact that OP No. 2 was adult, she had solemnized marriage, between the families amicable settlement has been arrived at, I do not think that allegations contained in the FIR can be stay to disclose commission of any criminal offence. Due to annoyance FIR was lodged but prosecution had been for extraneous reasons. 7. Application is allowed. The Sessions Trial No. 266 of 2016 (State v. Ram Bahadur & Ors.) under Sections 376, 504, 506 IPC and 3(2), 5Ka, 3(1) Dha, SC/ST (P.A) Act, Police Station Peeparpur, District Amethi, arising out of Case Crime No. 248 of 2016 is quashed.