Pankaj alias Golu and Another vs State of U.P. and Another

Vinod Prasad, J.—Heard learned Counsel for the applicants and the learned A.G.A.

The applicants, through the present application u/s 482, Cr. P.C. have invoked the inherent jurisdiction of this Court with the prayer that the proceeding of Criminal Case No. 1672 of 2007, State v. Pankaj alias Golu and Anr. Criminal Case No. 1672 of 2007, pending in the Court of A.C.J.M., Court No. 3, Allahabad, under Sections 363, 366, 368 and 376, I.P.C. Case Crime No. 90 of 2007, P.S. Cantt., District Allahabad be quashed.

Respondent No. 2 Ram Sajeevan, who is the father of the alleged abductee Divya and applicant No. 1 Pankaj alias Golu are personally present before this Court. It was informed on the last occasion that the parties have entered into a compromise and the informant does not want to prosecute the applicants. It was also informed that abductee Divya has married with applicant No. 1 Pankaj alias Golu and she has been living as a legally wedded wife.

Today when Respondent No. 2 Ram Sajeevan appeared before this Court, he also made a request that in the interest of justice proceeding of Criminal Case No. 1672 of 2007 be quashed as he does not want to prosecute applicant No. 1 Pankaj alias Golu, who is now husband of his daughter, as well as applicant No. 2 Basmati Devi for the aforesaid offences. He further stated that he has got no grievance in the respect of the marriage, which has been solemnized by Divya and Pankaj alias Golu. In this respect Respondent No. 2 Ram Sajeevan has penned down his statement in open Court in own handwriting and signed it verifying its correctness. The said written statement of the informant Respondent No. 2 is taken on record of this criminal miscellaneous application.

After hearing learned A.G.A. and looking into the relationship and the prayer made by the Respondent No. 2 Ram Sajeevan, who is the aggrieved person, I am of the opinion that in the interest of justice, it will be a wastage of time to allow the prosecution of Case No. 1672 of 2007, State v. Pankaj alias Golu and Anr. Case No. 1672 of 2007, pending in the Court of A.C.J.M., Court No. 3, Allahabad, under Sections 363, 366, 368 and 376 I.P.C., Case Crime No. 90 of 2007, P.S. Cantt., District Allahabad to go on as that will only amount to harassment of the parties and wastage of the time of the Court.

In such a view, I quash the proceedings of Criminal Case No. 1672 of 2007, State v. Pankaj alias Golu and Anr. pending in the Court of A.C.J.M., Court No. 3, Allahabad, under Sections 363, 366, 368 and 376, I.P.C., Case Crime No. 90 of 2007, P.S. Cantt., District Allahabad.

This application is allowed.