Allahabad High Court
A482/4715/2025 of SADDAM @ SADDAM HUSSAIN Vs STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 3 OTHERS on 31 October 2025
JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 4715 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State. 2. This application has been filed with the following prayer:- "To
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 4715 of 2025
Court No. - 14
HON'BLE RAJEEV SINGH, J.
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1. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State.
2. This application has been filed with the following prayer:- "To quash the proceedings of Sessions Trial No. 276 of 2018 arising out of Case Crime No. 30 of 2018 u/s 363, 366, 376 I.P.C. and 3/4 P.O.C.S.O. Act, Police Station- Wazeerganj, District- Lucknow."
3. Learned counsel for the applicant submits that the F.I.R. of the case in question was lodged by the complainant on the basis of incorrect facts. The applicant and the complainant's daughter have entered into nikah and they are now enjoying their matrimonial life and out of their wedlock, one child was born, hence, the trial in question is futile one. Relying on the judgment of Hon'ble Supreme Court in the case of K. Kirubakaran Vs. State of Tamil Nadu reported in 2025 INSC 1272 (Crl. Appeal No. 679 of 2024), learned counsel for the applicant submits that the impugned proceedings may be quashed.
4. Learned counsel for the complainant concedes the submissions of the applicant's counsel. He submits that the victim and the applicant are enjoying their matrimonial life and out of their wedlock, one child was born, hence, the proceedings may be quashed. Versus Counsel for Applicant(s) : Qazi Sabihur Rahman, Razaur Rahman Counsel for Opposite Party(s) : G.A. Saddam @ Saddam Hussain .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
5. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that after collecting sufficient evidence, the charge-sheet has been submitted by the Investigating Officer. However, he does not dispute the fact that the victim and the applicant have entered into nikah and out of their wedlock, one child was born and they are now enjoying their matrimonial life.
6. Considering the submissions of learned counsel for the parties and perusing the record including the judgment, i.e., K. Kirubakaran Vs. State of Tamil Nadu (supra), it is evident that the applicant and the victim have entered into nikah and out of their wedlock, one child was born and they are now enjoying their matrimonial life. Therefore, the trial in question is futile exercise.
7. With the above observations, the application is allowed. The proceedings of Sessions Trial No. 276 of 2018 arising out of Case Crime No. 30 of 2018 u/s 363, 366, 376 I.P.C. and 3/4 P.O.C.S.O. Act, Police Station- Wazeerganj, District- Lucknow are hereby quashed.
8. Office is directed to communicate this order to the trial Court, forthwith. October 31, 2025 Arpan A482 No. 4715 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench