Court No. - 44
Case :- APPLICATION U/S 482 No. - 34512 of 2018 Applicant :- Kapil And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.,Ashish Kumar Pathak
Hon'ble Rahul Chaturvedi,J.
Heard Sri Sunil Kumar Singh, learned counsel for the applicant, Sri Ashok Kumar Singh Yadav, holding brief of Sri Ashish Kumar Pathak, learned counsel for the opposite party no. 2 as well as learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 1456 of 2018 (State Vs. Kapil and others) arising out of case crime no.475 of 2009, under sections 363, 366, 376 IPC, P.S. Amroha Dehat, District- J.P. Nagar(Amroha) on the basis of compromise application dated 05.09.2018 pending in the court of II-Additional Chief Judicial Magistrate, Amroha.
Learned counsel for the applicants submitted that though in the present application, the charge sheet is of the year 2009 but it appears that both the parties have entered into a nuptial knot and out of which, a son was blessed to the couple who is nine years old at present. The age of the girl is 25 years and both the parties are residing happily as married couple. Learned counsel has relied upon the latest judgment of Hon'ble the Apex Court in the case of Suhani and another v. State of U.P. and others decided on 26th April, 2018 passed in Civil Appeal No. 4532 of 2018 (arising out of SLP (C) No. 8001 of 2018, submitted that the girl is a major and has married with the applicant, Considering the fact that the age of the girl is 25 years and both the parties are residing happily as a married couple, I do not find any good reason to keep this matter pending. In the light of the latest judgment of Hon'ble the Apex Court in the case of Suhani and another v. State of U.P. and others, the proceedings of Case No. 1456 of 2018(State Vs. Kapil and others) arising out of case crime no. 475 of 2009 under Sections 363, 366, 376 IPC, Police Station-Amroha Dehat, District-J.P. Nagar(Amroha) are hereby quashed.
The present application under Section 482 Cr.P.C. is, accordingly, allowed. The proceedings of Case No. 1456 of 2018 (State Vs. Kapil and others) arising out of case crime no.475 of 2009, under sections 363, 366, 376 IPC, P.S. Amroha Dehat, District- J.P. Nagar(Amroha) on the basis of compromise is quashed.
Order Date :- 30.10.2018/Sumit S