Subsequent marriage between the accused and prosecutrix negates the criminality alleged, warranting quashing of proceedings under Section 482 Cr.P.C.

JUDGMENT :

Rajeev Misra, J.

1. Heard Mr. Navnath Pandey, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Varunesh Shukla, the learned counsel representing prosecutrix/first informant/opposite party-2.

2. Perused the record.

3. Applicant-Ghanshyam Jha, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:

"It is, therefore, most respectfully prayed that in the interest of justice this Hon'ble Court may be pleasedto quash the entire proceeding of Session Case No.762/2024 including the charge sheet dated 27.12.2023 as well as cognizance/summoning order dated 6.3.2024 passed by Chief Judicial Magistrate, Bulandshahr inCase No.4016/2024 arising out of Case Crime No. 867/2023, u/S 376, 504, 506 I.P.C., Police Station- Sikandrabad, District Bulandshahar, pending in the court of A.D.J./F.T.C.-III, Bulandshahr.

It is further prayed that this Hon'ble Court may graciously be pleased to stay the entire proceeding of Session Case No.762/2024 including the charge sheet dated 27.12.2023 as well as cognizance/summoning order dated 6.3.2024 passed by Chief Judicial Magistrate, Bulandshahr inCase No.4016/2024 arising out of Case Crime No. 867/2023, u/S 376, 504, 506 I.P.C., Police Station- Sikandrabad, District Bulandshahar, pending in the court of A.D.J./F.T.C.-III, Bulandshahr, during the pendency of the present Criminal Misc. Application, and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicant will suffer irreparable loss and injury."

4. Learned counsel for applicant submits that though applicant is a named and charge-sheeted accused and also facing trial before court below, however, in view of the peculiar facts and circumstances of the case, as have emerged on record, the criminal prosecution of applicant cannot be sustained any further. As such, present application is liable to be allowed by this Court. In furtherance of aforesaid submission, the learned counsel for applicant submits that subsequent to the F.I.R. dated 17.12.2023 lodged by the prosecutrix/first informant/opposite party-2 and giving rise to present criminal proceedings, the prosecutrix has solemnized marriage with applicant on 01.04.2024. As such, the prosecutrix is now the legally wedded wife of applicant. On account of above, the prosecutrix is now residing with applicant as his legally wedded wife. Bonafide of the parties is also explicit from the fact that the marriage of the parties has been registered under the U.P. Registration of Marriage Rules 2017, photocopy of the marriage registration certificate has been brought on record and is at page 74 of the paper book. On the above premise, the learned counsel for applicant submits that that since the marriage of the parties has been registered therefore there is statutory presumption regarding valid marriage of the parties.

5. On the above conspectus, the learned counsel for applicant submits that though the applicant is named and charge sheeted accused but in view of the subsequent development that have taken place between the parties, the criminality, if any, committed by applicant now stands washed of. Since the prosecutrix and applicant are now residing together as husband and wife, therefore, no useful purpose shall be served in prolonging the criminal prosecution of applicant. In case the criminal prosecution of applicant is allowed to continue, a happy family shall stand broken. Furthermore, in view of changed circumstances, the chances of conviction of accused/applicant are not only remote but also bleak. He therefore submits that present application is liable to be allowed by this Court.

6. Per Contra, the learned A.G.A. representing State-opposite party-1 does not oppose the present application. He submits that since the prosecutrix has herself entered into a compromise and thereafter so