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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 4152 of 2024 Court No. - 79 HON'BLE AVNISH SAXENA, J.
1. Learned counsel for the opposite party no.2 has filed short counter affidavit today. The same is taken on record. 2. Heard Sri M.S. Chauhan, learned counsel for the applicant, Sri Arvind Kumar Chauhan, learned advocate, holding the brief for the opposite party no.2 and learned A.G.A. for State. 3. The instant application under Section 482 Cr.P.C. has been moved with a prayer to quash the charge sheet no. A57 of 2023 dated 26.03.2023, cognizance order dated 11.04.2023 as well as the entire proceedings of Sessions Trial No.454 of 2023 (State Vs. Rakesh Chauhan), arising out of Case Crime No.321 of 2022, under Sections 363, 366A, 376 I.P.C. and Section 5(j)(ii)/6 POCSO Act, Police Station Gadwar, District Ballia, pending before the court of Special Judge (POCSO Act)/Additional Sessions Judge, Court No.8, Ballia. 4. Learned counsel for the applicant submits that there is compromise entered into between the parties. The F.I.R. has been lodged by the mother of the victim for enticement. 5. Learned counsel for the opposite party no.2 admits that the factum of compromise entered into between the parties. The compromise is at page no.8. He further submits that the applicant and victim are married, having child. Versus Counsel for Applicant(s) : M.S. Chauhan Counsel for Opposite Party(s) : G.A., Shivkumari Chauhan Rakesh Chauhan .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. Learned A.G.A. accepts notice for the State. 7. 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. 8. 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". 9. 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. 10. 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. 11. The application u/s 482 Cr.P.C. is allowed accordingly. September 9, 2025 Shivangi A482 No. 4152 of 2024 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad