Neutral Citation No. - 2025:AHC:122030 Court No. - 79 Case :- APPLICATION U/S 482 No. - 40044 of 2024 Applicant :- Omveer Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Om Narayan Pandey, learned counsel for applicant, Sri Shashidhar Pandey, learned A.G.A. for the State-respondent no.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing of entire proceedings of Special Case No.1568 of 2023, (State v. Omveer) including charge-sheet dated 21.11.2020, arising out of Case Crime No.337 of 2019, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Kalan, District Shahajahanpur as well as summoning order dated 14.03.2024 and N.B.W. order dated 29.08.2024 passed by Additional District and Sessions Judge, Court No.43, Shahjahanpur. 3. In the instant matter, an F.I.R. was lodged by O.P. no.2 on 15.09.2019, under sections 363, 366, 376 IPC and Section 3/4 POCSO Act alleging that the applicant has enticed away his minor sister on 13.06.2019. In this matter after investigation, chargesheet was filed on 21.11.2020 and the Court has taken cognizance was taken on 14.03.2024. The entire proceeding are under challenge by means of instant application. 4. Learned counsel for the applicant submits that the applicant and O.P. no.2 were having love affair and during pendency of criminal proceeding they have solemnized marriage on 05.06.2025. The certificate of marriage has been annexed as Annexure -SA-1 to the supplementary affidavit dated 10.06.2025 filed by the applicant. He further submits that the victim has also filed a supplementary affidavit enclosing therewith the marriage certificate dated 05.06.2025. He further submits the victim is major, who has solemnized marriage with the applicant and living happily as husband and wife and does not want to prosecute the applicant. On the above conspectus, learned counsel for the applicant submits that criminal prosecution of the applicant is liable to be quashed as if the criminal prosecution of applicant is allowed to continue, a happy family shall stand broken. 5. Learned learned A.G.A. could not dislodge the factual and legal submissions urged by the learned counsel for applicant and states that he has no objection, in case, the instant proceeding is quashed. 6. Heard the submission advanced by learned counsel for the parties and perused the record. 7. It transpires from the record that in the light of marriage having taken place between the victim and the accused/applicant, more particularly, an affidavit filed by the victim showing that the couple is leading a happy marital life. In the teeth of these facts, glaring enough they are, if the Court would shut its doors to the couple who are married, the entire proceeding would result in miscarriage of justice. As such, no useful purpose shall be served in prolonging the criminal prosecution of accused/applicant. 8. On account of the facts as noted above, the chances of conviction of accused/applicant is now not only remote but also bleak in view of the fact they have solemnized the marriage. As such, in case the criminal prosecution of applicant is allowed to continue, a happy family comprising of accused/applicant and victim shall stand broken. 9. At this juncture, reference be made to the judgement of Hon'ble Supreme Court in the case of Dasari Srikanth vs. State of Telangana, 2024 Live Law (SC) 391 wherein the Court has held in para No.8 as under: "8. Since, the appellant and the complainant have married each other, the affirmation of the judgment rendered by the High Court would have the disastrous consequence on the accused appellant being sent to jail which in turn could put his matrimonial relationship with the complainant in danger." 10. The Hon'ble Apex Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, (2019) 5 SCC 688 has laid down principle for quashing the proceeding on the basis of settlement/compromise. 11. The ratio laid down by the Apex Court in aforementioned judgements is squarely applicable to the present case as applicant has solemnized marriage with the victim and compromise has also arrived at between the parties. 12. In view of the aforesaid facts, since the applicant has married the victim and the parties have amicably settled their dispute, the present Application U/S 482 Cr.P.C. is liable to be allowed. 13. Accordingly, the present Application U/S 482 Cr.P.C. is allowed and entire proceedings of Special Case No.1568 of 2023, (State v. Omveer) including charge- sheet dated 21.11.2020, arising out of Case Crime No.337 of 2019, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Kalan, District Shahajahanpur as well as summoning order dated 14.03.2024 and N.B.W. order dated 29.08.2024 passed by Additional District and Sessions Judge, Court No.43, Shahjahanpur are hereby quashed. Order Date :- 24.7.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad