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2025 DAILYLAW 113070 (ALL)

PANKAJ v. STATE OF U.P. AND 4 OTHERS

A482/44386/2024 · 2025-09-03

Avnish Saxena

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 44386 of 2024 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. Heard Sri G.K.Dwivedi, Advocate holding the brief on behalf of applicant, Sri Vinod Kumar Tripathi, learned Advocate holding the brief on behalf of opposite party nos.2 and 3 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 entire proceeding of the Case No.1536 of 2022 (State Vs. Pankaj), arising out of Case Crime No.63 of 2022, under Sections 363, 366 and 376 IPC and Section 3/4 POCSO Act, Police Station Tappal, District Aligarh. 3. Sri Dwivedi submits that the applicant and victim are married having children. The FIR of enticement is lodged by the father of victim. The marriage certificate is at page 33 of the affidavit accompanying the application. There is compromise between the parties, including the informant-father. 4. Sri Tripathi, Advocate admits that the compromise between the parties. 5. Learned AGA is present for the State-opposite party no.1. 6. By order dated 15.07.2025, this Court has sent the compromise entered into between the parties for verification to the trial court. 7. The trial court by letter dated 14.08.2025 has intimated this Court that the compromise entered into between the parties is verified. 8. 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. 9. Even in the cases of POCSO Act, the Apex Court has observed in the case of K. Dhandapani Vs. State by the Inspector of Police (2022 SCC Versus Counsel for Applicant(s) : Shiv Sharan Tripathi Counsel for Opposite Party(s) : G.A., Piyush Kumar Tiwari Pankaj .....Applicant(s) State Of U.P. And 4 Others .....Opposite Party(s) 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 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. 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 Abhishek Sri. A482 No. 44386 of 2024 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad