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2021 DIGILAW 561 (ALL)

Pankaj v. State of U. P.

2021-06-17

ASHWANI KUMAR MISHRA

body2021
JUDGMENT : Ashwani Kumar Mishra, J. 1. This application under Section 482 Cr.P.C. has been filed to quash the proceedings of Case Crime No. 834 of 2017, under Sections 363, 366 IPC read with Section 8 POCSO Act including charge-sheet dated 11.8.2018 as well as Non-bailable Warrants issued against the applicants on 12.3.2021. 2. As per the averment made in the application, it appears that a First Information Report was lodged by father of the victim on 16.11.2017 as per which, the applicant No. 1 has enticed the daughter of the complainant, who was studying in class XI and therefore, prayer was made to register a report and take action in the matter. 3. The First Information Report alongwith subsequent criminal proceedings have been challenged on the ground that the applicants have got their marriage solemnized in accordance with Hindu rites and the same is also registered with the Registrar of Marriages on 21.11.2017. It is also submitted that two male child have also born out of the wedlock and their birth certificate have also been annexed. A writ petition was also filed being Criminal Misc. Writ Petition No. 6182 of 2019 challenging the First Information Report, in which the Court granted protection to the applicants on 7.3.2019. Statement of the girl has been recorded under Sections 161 and 164 Cr.P.C. as per which she had married with the applicant on her own free will. 4. While entertaining this application, this Court had granted interim protection to the applicants on 20.5.2021. 5. The complainant has also appeared and is represented by his counsel Sri Gaurav Tiwari. The complainant has filed an affidavit stating that he has no intention to interfere with the married life of her daughter, particularly, as two children have been born out of their wedlock. 6. Learned A.G.A. although has opposed the prayer made in the application, but fairly concedes that the victim was above 17 years of age as per her High School certificate and has clearly admitted that she had willfully married with applicant No. 1. 7. Since the parties have already solemnized their marriage and two children have also born out from their wedlock, there would be no useful purpose served in keeping the criminal trial pending any further, particularly, as the complainant also does not object to marital relation between the parties. 7. Since the parties have already solemnized their marriage and two children have also born out from their wedlock, there would be no useful purpose served in keeping the criminal trial pending any further, particularly, as the complainant also does not object to marital relation between the parties. There hardly exists any possibility of conviction of applicant in view of the statement made by the victim herself and the fact that complainant also is not supporting the prosecution case. The victim otherwise was above 17 years of age on the date of alleged incident. The continuance of criminal trial, in such circumstance, will thus amount to an abuse of the process of law. 8. Consequently, this application under Section 482 Cr.P.C. succeeds and is allowed. The criminal proceedings initiated against the applicant in Case Crime No. 834 of 2017, under Sections 363, 366 IPC read with Section 8 of POCSO Act as well as impugned charge-sheet dated 11.8.2018 are quashed.