Allahabad High Court
Shekhar @ Chandra Shekhar vs State Of U.P. And Another on 14 May, 2026
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:113799
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16687 of 2026
Shekhar @ Chandra Shekhar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Babita Upadhyay
Counsel for Opposite Party(s)
:
G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Ms. Babita Upadhyay, learned counsel for applicant and learned AGA.
2. At the very outset, Ms. Babita Upadhyay, learned counsel apprised the Court that she was appointed by High Court Legal Service Committee, High Court, Allahabad, after considering the application preferred at the behest of applicant and the victim/deponent, to prefer the instant application.
23. This application U/S 528 BNSS has been filed for seeking quashing of chargesheet dated 21.02.2022 along with cognizance/summoning order dated 03.06.2022 and entire proceeding of Criminal Case No.7289 of 2022 (State Vs. Shekhar), arising out of Case Crime No.02 of 2022, under Sections 363, 366 IPC, P.S. Gyanpur, District Bhadohi, pending in the court of learned Additional Chief Judicial Magistrate, Bhadohi.
4. Brief facts of the present case are that an FIR was lodged by opposite party no.2 (father of victim) on dated 28.12.2021 alleging that applicant/accused enticed away his daughter (victim) who is aged about 19 years. After lodging of the FIR which was registered as Case Crime No.02 of 2022, under Sections 363, 366 IPC, investigation was conducted which culminated into submission of chargesheet on dated 21.02.2022 against applicant whereupon learned court concerned took cognizance of offence on dated 03.06.2022 and summoned the applicant to face trial.
5. Learned counsel for applicant submitted that no offence under Sections 363, 366 IPC is made out against applicant since the victim herself stated in her statements recorded under Section 161 and 164 Cr.P.C. that she is major, no one enticed her away, she went with the applicant with her sweet will and also performed marriage with applicant on dated 22.05.2023. Learned counsel for applicant further contended that the applicant had solemnized his marriage with the victim who is also deponent in the present application, and it was only due to this marriage, the present FIR came to be lodged by the victim's father. It has been further submitted that the applicant and the victim have one child out of their wedlock and are presently residing together peacefully as husband and wife and due to pendency of the present criminal case, several difficulties have arisen in their marital life, causing unnecessary mental and social hardship not only to them but also to their child and as such, in the interest of justice and for maintaining harmony between the parties, the present proceedings deserve to be quashed.
6. Per contra, learned AGA vehemently opposed the prayer sought through the instant application and submitted that marriage of applicant and victim was not registered till today but did not dispute the facts the applicant had already solemnized marriage with the victim and they have one child out of their wedlock and are presently residing together peacefully as husband and wife.
7. After having the submissions advanced by learned counsel for parties and by bare perusal of the statements of victim recorded under Section 161 and 164 Cr.P.C., it is crystal clear that applicant had never kidnapped the victim for any purpose whereas she on her free volition, left her parental home on account of unpleasant and disturbing circumstances created by her father, meaning thereby, applicant did not play an active role, therefore, the offence under Section 363 IPC is not made out and once this conclusion is reached, the offence under Section 366 IPC automatically fails as the victim had not levelled any allegations of mala fide or sexual intent against the accused. It is also apparent from the birth certificate of their child which is appended with the application that they have also one child out of their wedlock and are presently residing together happily as husband and wife. This Court also notes that if the trial of this case, is allowed to go on, the same will disturb the peaceful life of applicant and victim.
8. In view of the aforesaid facts and circumstance, chargesheet dated 21.02.2022 along with cognizance/summoning order dated 03.06.2022 and entire proceeding of Criminal Case No.7289 of 2022 (State Vs. Shekhar), arising out of Case Crime No.02 of 2022, under Sections 363, 366 IPC, P.S. Gyanpur, District Bhadohi, pending in the court of learned Additional Chief Judicial Magistrate, Bhadohi, are hereby set aside.
9. The instant application is allowed, accordingly.
10. In sofar registration of marriage of applicant and the victim is concerned, High Court Legal Service Committed is hereby requested to arrange registration of marriage of the couple so that entire rights of a lady being wife of applicant, shall be secured.
(Saurabh Srivastava,J.) May 14, 2026 Vivek Kr.