Allahabad High Court
ARJUNversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The High Court exercised its inherent power under Section 482 CrPC to quash the criminal proceedings as the parties had settled and no offence was established.
Summary
The applicant Arjun filed an application under Section 482 of the Criminal Procedure Code seeking to quash the criminal case (Case No. 117 of 2013) arising from FIR under Sections 363 and 366 IPC. He alleged that the FIR was based on false facts, that the alleged victim was a major who voluntarily married him, and that they now live together with a child. The opposite party did not dispute the victim's majority and had no objection to the settlement. The Court, relying on its inherent powers and precedents such as Gian Singh v. State of Punjab and others, held that the matter was matrimonial, the parties wished to settle, and there was no useful purpose in continuing the prosecution. Consequently, the application was allowed and the criminal proceedings were quashed.
Issues considered
- Whether the High Court can exercise its inherent jurisdiction under Section 482 CrPC to quash criminal proceedings where the parties have settled and the alleged offence is disputed.
- Whether the alleged facts in the FIR constitute an offence under Sections 363 and 366 IPC given the victim's age and consent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 363, 366
Subjects
- inherent jurisdiction
- Section 482 CrPC
- quash of criminal proceedings
- settlement
- false FIR
- IPC 363
- IPC 366
- matrimonial dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 26693 of 2013
Arjun
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Srivastava, Rajeev Sisodia
Counsel for Opposite Party(s) : Amit Rana, Govt. Advocate
Court No. - 84
HON'BLE SANJIV KUMAR, J.
1. Heard Sri Mahipal Singh, learned Counsel for the applicant, learned
A.G.A. for the State, Sri Prashant Kumar, Advocate holding brief of Sri
Amit Rana, learned Counsel for the opposite party no. 2 and perused the
record.
2. The instant application has been filed for quashing the entire
proceedings of Case No.117 of 2013 (State vs. Arjun) arising out of Case
Crime No.124 of 2012, under Sections 363 and 366 I.P.C., Police Station
Nangal, District Bijnor.
3. Learned counsel for the applicant submits that the FIR was lodged on
false and concocted facts. In fact, the victim, i.e., the daughter of opposite
party no. 2, was a major at the time of the incident and had gone with the
applicant of her own free will. He further submits that both the applicant
and the victim were major and have solemnized their marriage. They are
now living a married life and one child has been born out of their
wedlock. Therefore, no offence is made out against the applicant. He next
submits that opposite party no. 2, in his report, alleged that the victim was
aged about 13 years, however, upon her medical examination conducted
by the C.M.O., Bijnor, and as per her age recorded in the voter list, she
was major at the time of the incident.
4. Learned Counsel for the opposite party No.2 has not disputed that the
victim was a major at the time of the incident.
A482 No. 26693 of 2013
2
5. Hon'ble Apex Court in catena of decisions has held that inherent power
can be used to do real and substantial justice as has been held in Gian
Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others
Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of
Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to
speed up the process of ending the criminal proceedings where the
settlement is arrived at between the parties.
6. In view of the aforesaid facts and considering that the parties do not
wish to pursue the case any further, the dispute being matrimonial in
nature and there being no objection from opposite party No.2, no useful
purpose would be served by proceeding with the matter further.
7. For the discussions made above, the present application is allowed
and entire proceedings of Case No.117 of 2013 (State vs. Arjun) arising
out of Case Crime No.124 of 2012, under Sections 363 and 366 I.P.C.,
Police Station Nangal, District Bijnor are hereby quashed.
(Sanjiv Kumar,J.)
March 19, 2026
Amit
Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad
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