Allahabad High Court
Smt. Kumkum Kumari And Another vs State Of U.P. And Another on 13 October, 2022
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- APPLICATION U/S 482 No. - 12079 of 2022 Applicant :- Smt. Kumkum Kumari And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Juned Alam Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Ms. Ruksana, Advocate, filed her Vakalatnama on behalf of applicant no.1 in Court today, is taken on record.
Heard Mr. Juned Alam, learned counsel for the applicant no.2, Ms. Ruksana, learned counsel for the applicant no.1 and Mr. Pankaj Srivastava, learned A.G.A. for the State.
The application u/s 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 17.01.2021 as well as cognizance order dated 22.01.2021 and the entire proceeding of Criminal Case No.23 of 2021 (State Vs. Guddu), arising out of Case Crime No.246 of 2019, under Sections 363, 366, 376 I.P.C. & Section 5/6 POCSO Act and Section 3(2)(5) S.C./S.T. Act, Police Station-Karari, District-Kaushambi, pending in the Court of Special Judge (POCSO Act), Kaushambi.
Today, when the matter was taken up, applicant no.1, Smt. Kumkum Kumari and applicant no.2 Guddu are present before this Court along with their 1-1/2 year old girl child. The applicants have been identified by their respective counsels.
Smt. Kumkum Kumari, applicant no.1 present before this Court, states that she went with Guddu, applicant no.2 on her own sweet will, whom she has married and is living happy married life with him. She further states that parents of the Guddu have also accepted this marriage. After marrying the applicant no.2 Guddu, she is blessed with 1-1/2 year old girl child. She further states that opposite party no.2, Brijpal Kori, father of applicant no.1 annoyed by this marriage, therefore, he has lodged an F.I.R. but she has not grudge against anyone. She is living happy married life with Guddu and wants to go with him from here itself and does not want to proceed with the case.
Learned counsel for the applicant submits that in view of the statement of applicant no.1 Smt. Kumkum Kumari, the continuance of proceedings would ruin the happy married life of the applicants, therefore, the same may be quashed.
Learned counsel for the applicant no.2 and learned A.G.A. has supported the submissions raised by learned counsel for the applicant no.1.
Keeping in mind the aforesaid facts, the continuance of proceedings against the applicants is not only sheer wastage of time of the Court but also abuse of the process of law and would ruin the happy married life of the applicants, therefore, the proceedings of the aforesaid case, are hereby quashed and the application u/s 482 Cr.P.C. is allowed.
Order Date :- 13.10.2022 Rahul.