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2025 DAILYLAW 107238 (ALL)

X JUVENILE v. STATE OF U.P. AND ANOTHER

A482/39083/2024 · 2025-09-03

Avnish Saxena

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 39083 of 2024 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Shitlesh Pandey, learned counsel for the applicant, Sri D.S. Pandey, learned advocate, holding the brief for the opposite party no.2 and learned A.G.A. for State. 2. The instant application under Section 482 Cr.P.C. has been moved with a prayer to quash the charge sheet dated 24.03.2022, summoning order dated 12.04.2022 as well as the entire proceedings of Criminal Case No.41 of 2022 (State Vs. Nitish Rajbhar), arising out of Case Crime No.52 of 2022, under Sections 376, 504, 506 I.P.C., Police Station Kopaganj, District Mau, pending before the court of Juvenile Justice Board, Mau. 3. Learned counsel for the applicant submits that the applicant being minor at the time of incident. The victim, who was major, has lodged the F.I.R. against the applicant of committing the rape on false promise of marriage. The parties have buried their hatches. The compromise is at page no.77. 4. Learned counsel for the opposite party no.2 admits that the factum of compromise between the parties. 5. Learned A.G.A. accepts notice for the State. 6. By order dated 10.01.2025, the compromise entered into between the parties, has been sent for verification to the trial court. Versus Counsel for Applicant(s) : Shitlesh Pandey Counsel for Opposite Party(s) : G.A., Yogendra Kumar Tripathi X Juvenile .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. By letter dated 22.01.2025 of Juvenile Justice Board to this Court, it is stated that the compromise has been verified. 8. There is no point in getting the trial continued, when the parties have buried their differences as the star witness would not support the prosecution case. 9. The Apex Court in the case of K. Dhandapani Vs. State by the Inspector of Police (2022 SCC Online SC 1056) has set aside the conviction and sentence of the accused affirmed by the High Court in the matter of POCSO Act considering that the accused and victim are living happily in their married life and held that "This Court cannot shut its eyes to the ground reality and disturb the happy family life of the appellant and the prosecutrix". 10. The Apex Court in another case of Mafat Lal and another Vs. The State of Rajasthan (2022) 6 SCC 589 has quashed the F.I.R. and consequential proceedings of offence U/s 363, 366 I.P.C. considering the marriage of accused and victim. 11. Thus, the charge sheet and the proceeding arose out of case crime number mentioned above is hereby quashed. Consequently, the proceedings of trial also quashed. 12. The application u/s 482 Cr.P.C. is allowed accordingly. September 4, 2025 Shivangi A482 No. 39083 of 2024 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad