Allahabad High Court
Nazim vs State Of U.P. And 2 Others on 8 April, 2025
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:51511 Court No. - 70 Case :- APPLICATION U/S 482 No. - 24080 of 2024 Applicant :- Nazim Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.,Mohammad Waseem Hon'ble Rajeev Misra,J.
1. Supplementary affidavit filed by the learned counsel for applicant in court today is taken on record.
2. Heard Mr. R.K.Verma, the learned counsel for applicant, the learned AGA for State-opposite party no. 1, Ms. Sulekha Begum, Advocate holding brief of Mr. Mohammad Waseem, the learned counsel representing first informant-opposite party 2.
3. Perused the record.
4. Applicant-Nazim, who is a charge sheeted accused, and facing trail before court below has approached this Court by means of present application under Section 528 BNSS with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the charge sheet dated 10.08.2023 as well as Cognizance order dated 12.09.2023 passed by Special Judge S.C./S.T. Act, District Bareilly on the basis of compromise in Criminal Case no. 1960/2023 (State Vs. Nazim) arising out of Case crime no. 335/2023, U/s 354C, 366, 376 (2) (N), 504, 506 I.P.C. & Section 3(2)(V) S.C./S.T. Act, Police Station-Nawabganj, District Bareilly, pending before Court of Special Judge S.C./S.T. Act, District Bareilly.
It is further prayed that this Hon'ble court may kindly be pleased to stay the further proceeding of Criminal Case no. 1960/2023 (State Vs. Nazim) arising out of Case crime no. 335/2023, U/s 354C, 366, 376 (2) (N), 504, 506 I.P.C. & Section 3(2)V S.C./S.T. Act, Police Station-Nawabganj, District Bareilly, pending before Court of Special Judge S.C./S.T. Act, District Bareilly, during the pendency of the aforesaid application before this Hon'ble court, and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case, Otherwise the applicant shall suffer irreparable loss and injury."
5. Learned counsel for the applicant submits that though applicant is a named and charge sheeted accused and facing trial before court below, however, in view of the subsequent developments that have taken place and are also on record of this application, the criminal prosecution of applicant cannot be sustained any further. As such, the present application is liable to be allowed by this Court.
6. In furtherance of aforesaid submission, the learned counsel for applicant submits that criminal prosecution of applicant was set in motion, when an FIR dated 3.7.2023 was lodged by first informant-opposite party no. 2-Smt. Somwati (mother of the prosecutrix) and was registered as Case Crime No. 0335 of 2023, under Sections 363, 366 IPC, P.S. Nawabganj, District Bareilly. In the aforesaid FIR, an unknown person has been arraigned as solitary accused.
7. However, subsequent to the aforesaid FIR, applicant solemnized marriage with the prosecutrix i.e. opposite party no. 3 on 3.6.2024 , in accordance with Hindu Rites and Customs. It is also the case of present applicant that he had converted to Hinduism from Islam. A categorical averment to that effect has been made in paragraph 14 of the affidavit filed in support of the present application which has been sworn by applicant himself.
8. By reason of above, prosecutrix became the legally wedded wife of the applicant. Consequently, the prosecutrix started residing with the applicant as his legally wedded wife. Bona-fide of the parties is further evident from the fact that the parties have applied for registration of their marriage as contemplated under the U.P. Marriage Registration Rules, 2017. Photo copy of the application for grant of marriage registration certificate has been brought on record and is at page 6 of the supplementary affidavit dated 20.3.2025. On the above premise, the learned counsel for applicant submits that in view of aforementioned subsequent developments that have taken place the criminality, if any, committed by applicant now stands washed off. In view of above, the parties amicably settled their dispute outside the court. In view of the settlement arrived at between the parties, a compromise was entered into. Subsequently, the terms of the compromise were reduced in writing by way of compromise deed dated 2.5.2024. The certified copy of the said compromise deed is on record at page 8 of the supplementary affidavit dated 7.4.2025. In the light of above an application dated 3.4.2025 was filed by applicant before court below seeking termination of the proceedings pending against him, in view of the compromise entered into by the parties.
9. On the above premise, the learned counsel for applicant thus submits that no useful purpose shall now be served in prolonging the criminal prosecution of applicant. In view of the compromise entered into by the parties, the chances of conviction of accused appellant are not only remote but also bleak. In case the criminal prosecution of applicant is allowed to continue, a happy family shall stand broken.
10. Per contra, the learned A.G.A. for State-opposite party-1 has vehemently opposed the present application. Learned AGA submits that since applicant is a named and charge sheeted accused therefore, no indulgence be granted by this Court in favour of applicant. The applicant is also facing trial under Section 376 IPC, as such, offence complained of against applicant relates to rape and sexual assault. In view of the law laid down by Apex Court in the case of Rampal Vs. State of Haryana, AIR online 2019 SC 1716, there can be no compromise in matters relates to rape and sexual assault. Offence complained of against accused applicant is a heinous offence and is a crime against society. On the edifice of aforesaid submissions, the learned AGA thus submits that no indulgence be granted by this Court in favour of applicant. However, he could not dislodge the factual and legal submissions urged by learned counsel for applicant with reference to the record this stage.
11. On the other hand, Ms. Sulekha Begum, the learned counsel representing first informant-opposite party no. 2 does not oppose this application. She submits that she has received instructions not to oppose the present application. She further contends that it is now an admitted fact that the applicant has solemnized marriage with the prosecutrix. Both the parties are now living together as husband and wife. She therefore, contends that she cannot have any objection in case the present application is decided by this Court, taking into consideration, the aforementioned facts.
12. Be that as it may, the crux of the matter is that applicant has solemnized marriage with the prosecutrix. Furthermore, the parties are also applied for grant of registration of their marriage.
13. Having heard the learned counsel for applicant, the learned AGA for State-opposite party no. 1, the learned counsel representing first informant-opposite party no. 2 and upon perusal of record, this Court finds that matter requires consideration.
14. Notice on behalf of the State-opposite party no. 1 has been accepted by the learned AGA.
15. Mr. Mohammad Waseem, Advocate has put in appearance on behalf of first informant/opposite party 2.
16. All the opposite parties may file their respective counter affidavits within four weeks. Applicant, will thereafter, have two weeks to file rejoinder affidavits.
17. List this application for admission on 21.05.2025.
18. Considering the facts and circumstances of the case and also the submissions urged by the learned counsel for applicant in support of this application as noted herein above, as an interim measure, it is, hereby, provided that until further orders of this Court, further proceedings in Criminal Case no. 1960/2023 (State Vs. Nazim) arising out of Case crime no. 335/2023, U/s 354C, 366, 376 (2) (N), 504, 506 I.P.C. & Section 3(2)(V) S.C./S.T. Act, Police Station-Nawabganj, District Bareilly, now pending before Court of Special Judge S.C./S.T. Act, District Bareilly shall remain stayed.
Order Date :- 8.4.2025 Ujjawal