Neutral Citation No. - 2025:AHC:2932 Court No. - 71 Case :- APPLICATION U/S 482 No. - 36968 of 2024 Applicant :- Pradeep @ Chhotu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gaytri Rajput,Indra Pal Singh Rajpoot Counsel for Opposite Party :- G.A.,Naresh Chandra Pal Hon'ble Rajeev Misra,J. 1. Heard Mr. Indra Pal Singh Rajpoot, the learned counsel for applicant, the learned A.G.A. for State and Mr. Naresh Chandra Pal, the learned counsel representing first informant-opposite party-2. 2. Perused the record. 3. Applicant-Pradeep @ Chhotu, 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 this Hon'ble Court may graciously be pleased to allow the present Criminal Misc. Application and quash the entire proceeding of Case No. 94 of 2023 (State Versus Pradeep @ Chhotu) arising out of Case Crime No. 99 of 2023 under Section 363, 366, 376 I.P.C. & 3/4 POCSO Act, Police Station- Kadaura, District- Jalaun pending in the Court of learned Additional District & Session Judge/ Special Judge (Rape along with POCSO) Jalaun at Orai. It is further prayed that during the pendency of present Criminal Misc. Application, the further proceeding Case No. 94 of 2023 (State Versus Pradeep @ Chhotu) arising out of Case Crime No. 99 of 2023 under Section 363, 366, 376 I.P.C. & 3/4 POCSO Act, Police Station- Kadaura, District- Jalaun pending in the Court of learned Additional District & Session Judge/ Special Judge (Rape along with POCSO) Jalaun at Orai may be stayed or to pass any other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise applicant shall suffer irreparable loss and injury." 4. Learned counsel for applicant submits that though applicant is a named and charge sheeted accused yet the present application is liable to be allowed. In furtherance of aforesaid submission, the learned counsel for applicant contends that subsequent to the FIR dated 14.05.2023 giving rise to present criminal proceedings, the prosecutrix solemnized marriage with applicant. As such, prosecutrix is now the legally wedded wife of applicant. Consequently, she is residing with the applicant as his legally wedded wife. It is further submitted by the learned counsel for applicant that said marriage was performed by the first informant. As such, the first informant opposite party-2 cannot have any grievance in case the present application is allowed by this court taking into consideration aforesaid facts. On the above conspectus, the learned counsel for applicant submits that in view of above subsequent development the criminality if any, committed by the applicant now stands washed off. As such, no useful purpose shall be served in prolonging the criminal prosecution of applicant. In case the criminal prosecution of applicant is allowed to continue, then a happy family shall stand broken. It is thus urged that present application is therefore, liable to be allowed. 5. Per contra, the learned A.G.A. for State-opposite party-1 has opposed the present application. He submits that since the prosecutrix was a child within the meaning of the terms child as defined in the POCSO Act, therefore, in view of above, the criminality if any, committed by applicant against minor shall not get wiped out on account of the subsequent developments as mentioned by the learned counsel for applicant. However, he could not dislodge the factual and legal submissions urged by the learned counsel for applicant, with reference to the record at this stage. 6. Mr. Naresh Chandra Pal, the learned counsel representing first informant-opposite party-2 on the other hand upon instructions received by him submits that he has been instructed not to oppose this application. He further contends that it is an admitted fact that the prosecutrix has solemnized marriage with applicant and she is now residing with the applicant as his legally wedded wife. He therefore, contends that he cannot have any objection in case, the present application is allowed taking into consideration the subsequent developments that have taken place. 7. Having heard, the learned counsel for applicants, the learned A.G.A. for State-opposite party-1, the learned counsel representing first informant opposite party-2 and upon perusal of record, this Court finds that it is an admitted fact to the parties subsequent to the FIR dated 14.05.2023 lodged by first informant/opposite party- 2 the marriage of the prosecutrix was solemnized by the first informant (father) with accused applicant. As such, on date, the prosecutrix is legally wedded wife of applicant. Consequently the prosecutrix is now residing with the applicant as his legally wedded wife. In view of aforesaid subsequent developments the criminality, if any, committed by applicant shall stands washed off. The bona fide of the prosecutrix is further explicit from the fact that she has joined the present applicant in present application and has sworn the affidavit filed in support of this application. As such, no good ground exists to prolong the criminal prosecution of applicant. In view of above, in case, the criminal prosecution of accused applicant is allowed to continue, then a happy family shall stand broken. 8. In view of the discussion made above, the present application succeeds and is liable to be allowed. 9. It is, accordingly, allowed. 10. The entire proceedings of Case No. 94 of 2023 (State Versus Pradeep @ Chhotu) arising out of Case Crime No. 99 of 2023 under Sections 363, 366, 376 I.P.C. & 3/4 POCSO Act, Police Station- Kadaura, District- Jalaun now pending in the Court of Additional District & Session Judge/ Special Judge (Rape along with POCSO) Jalaun at Orai are, hereby, quashed. 11. In the facts and circumstances of the case, the parties shall bear their own costs. Order Date :- 7.1.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad