Allahabad High Court

Jaykaran @jai Karan & Ors. v. State of U.P. thru. Secy. Home Lko & Ors.

CRLP/5911/2026

Decision date
2026-06-23
Text availability
Full text
Judges
Pankaj Bhatia, Amitabh Kumar Rai

Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗

Connected provisions and cases

No further provision or case links are recorded.

Judgment text

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 5911 of 2026 Jaykaran @Jai Karan And Others .....Petitioner(s) Versus State Of U.P. Thru. Secy. Home Lko And Others .....Respondent(s) Counsel for Petitioner(s) : Nishant Srivastava, Agresh Kumar Rai Counsel for Respondent(s) : G.A. Court No. - 2 HON'BLE PANKAJ BHATIA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners, learned AGA for the State and Shri Vivek Kumar Singh, learned counsel for respondent no.5. 2. At the very outset, learned counsel for the petitioners has made an oral request to amend the prayer clause of the writ petition in view of the subsequent development of compromise inter se in between the parties. 3. He is permitted to do so during the course of the day. 4. Present petition has been filed by the petitioner seeking to quash the FIR registered at the instance of respondent no.5 being FIR No.0337 of 2026, dated 26.04.2026, under Section 137(2) of BNS, P.S. Kotwali Dehat, District Gonda. 5. Perusal of the FIR reveals that in terms of the FIR it was alleged that daughter of respondent no.5 aged about 17 years was enticed by one Ram Sagar (son and brother of the petitioners) and two unknown persons.

6. Subsequently, this petition has been filed seeking to quash the FIR mainly on the ground that it was wrongly alleged in the FIR that daughter of respondent no.5 was aged about 17 years whereas in terms of the birth certificate, the daughter of respondent no.5 is aged about 18 years. 7. Learned counsel for respondent no.5 who is also present, states that they do not want to pursue the matter and have amicably settled and CRLP No. 5911 of 2026 2 accepted the matrimonial alliance proposed in between son of the petitioners and daughter of respondent no.5. 8. The statement made under Section 183 BNSS by the victim also demonstrates that there was a consent of the victim. 9. In view of the parties agreeing to not press the charges and the victim being above 18 years of age in terms of the birth certificate, continuation of the proceedings would be nothing but an abuse of process of law. Thus, FIR No.0337 of 2026 (supra) is quashed. 10. It will be open to the petitioners to move an application alongwith a certified copy of this order before the Court concerned for release of the son of the petitioners who were arrested in pursuance to FIR No.0337 of 2026 which stands quashed by means of this order. 11. Present petition stands allowed in above terms. (Amitabh Kumar Rai,J.) (Pankaj Bhatia,J.) June 23, 2026 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench