Court No. - 72
Case :- APPLICATION U/S 482 No. - 21855 of 2019 Applicant :- Vijay And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Vinay Kumar Mishra, learned counsel for the applicants; Sri Arvind Kumar Tiwari, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Sessions Trial No. 283 of 2016 (State Vs. Vijay & Ors.), arising out of Case Crime No. 88 of 2016, under Sections- 363, 366, 376 I.P.C., Police Station- Ayana, District- Auraiya, pending in the court of Additional District Judge (FTC-II), Auraiya.
3. Learned counsel for the applicants submits that owing to his disapproval to the marriage performed by Vijay and Arti Devi (daughter of opposite party no.2), the said opposite party no.2 had lodged an FIR making allegation of abduction and rape against the applicants. However, it is a fact that Vijay and Arti Devi had married in accordance with law and they are living in matrimony. At present, opposite party no.2 does not wish to press charges against the applicants in view of the changed circumstance where he has accepted the marriage of her daughter.
4. In such circumstances, upon an earlier order passed by this Court in Application U/S 482 No.6979 of 2019 dated 22.02.2019, the learned court below has verified the terms of compromise entered into between the parties. A copy of the said compromise has been annexed with the present application as Annexure No.4. The same appears to have been signed by opposite party no.2, the prosecutrix Arti Devi and all the applicants. The same also appears to have been verified by the Additional District Judge (FTC-II), Auraiya, vide his order dated 22.04.2019.
5. Sri Arvind Kumar Tiwari, learned counsel for the opposite party no.2 does not dispute the correctness of the submissions advanced by the learned counsel for the applicants or the correctness of the documents relied upon by him. He further submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashe.
6. Accordingly, the present application is allowed and the entire proceedings of Sessions Trial No. 283 of 2016 (State Vs. Vijay & Ors.), arising out of Case Crime No. 88 of 2016, under Sections- 363, 366, 376 I.P.C., Police Station- Ayana, District- Auraiya, pending in the court of Additional District Judge (FTC-II), Auraiya are hereby quashed against the applicants.
Order Date :- 31.5.2019 Abhilash