Neutral Citation No. - 2025:AHC-LKO:39992 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5557 of 2025 Applicant :- Dharmendra And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Jayveer Rajput Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Jayveer Rajpur, the learned counsel for the applicant, Sri Mayank Sinha, the learned AGA for the State, as well as Sri Akhil Anand, the learned counsel for the opposite party no. 3, and perused the record. 2. The present application under Section 482 CrPC/Section 528 BNSS has been filed seeking quashing of the entire proceeding of Sessions Case No.88 of 2025 (State Vs. Dharmendra and others), arising out of charge-sheet no.236(01) of 2023 dated 26.10.2023 filed in Case Crime No.0123 of 2023, under Sections 363, 366 and 376 IPC read with Section 3/4 Protection of Children from Sexual Offence Act, 2012, lodged at Police Station Asoha, District Unnao, against the applicant no.1 and under Sections 504 & 506 IPC against the applicant no. 3, pending in the Court of learned Additional Sessions Judge- II/POCSO Act, Unnao as well as for quashing of the summoning order dated 16.01.2025 passed by the learned Additional Sessions Judge-II/POCSO Act, Unnao. 3. The aforesaid case was instituted on the basis of an FIR lodged by the opposite party no. 2 on 08.05.2023 stating that the applicant no.1 had enticed away the informant's daughter (opposite party no. 3) aged 17 years on 07.05.2023 and she had taken away some jewellery and cash with her. 4. In the statement of the victim (opposite party no. 3) recorded under Section 161 CrPC, she stated that she is aged 20 years, she has studied upto class-X, she was in a relationship with the applicant no. 1 for the last three years, she expressed a desire to marry the applicant no.1, but her parents did not agree for that and, therefore, she had gone away with the applicant no.1 and has married him on 12.05.2023. 5. The medico legal examination report of the victim revealed no abnormality. 6. As per the scholar register and transfer certificate issued by the Principal, P.P.S.T. Girls College, Sant Shaligram Nagar (Chandankheda), Asoha, Unnao, the date of birth of the opposite party no. 3 is 16.08.2003 and she was major at the time of the incident. The birth certificate of the opposite party no. 3 also mentions her date of birth as 16.08.2003. The marriage solemnized between the applicant no.1 and the opposite party no. 3 on 12.05.2023 has been registered by the Marriage Registration Officer, Unnao. 7. In the statement of the victim recorded under Section 164 CrPC, she reiterated her earlier version. 8. The opposite party no. 3 has filed a counter affidavit stating that she is aged about 21 years and she has admitted all the averments made in the instant application. 9. As the educational certificate and the birth certificate issued by the competent authority shows that the alleged victim- opposite party no. 3 was major on the date of the incident, her marriage with the applicant no.1 has been registered by the Marriage Registration Officer and the opposite party no.3 has put in appearance before this Court and filed her affidavit, admitting the averments made in the application and has supported the prayer for quashing of the impugned proceedings, I am of the view that in the peculiar facts and circumstances of the case continuance of the criminal proceeding against the applicants would result in persecution of the applicants as well as it will be prejudicial to the interest of the opposite party no. 3, as it might create a disturbance in her peaceful matrimonial life. 10. In view of the aforesaid facts, this Court is of the considered view that continuance of the impugned criminal proceedings would defeat the ends of justice. Accordingly, the instant application is allowed and the proceeding of Sessions Case No.88 of 2025 (State Vs. Dharmendra and others), arising out of charge-sheet no.236(01) of 2023 dated 26.10.2023 filed in Case Crime No.0123 of 2023, under Sections 363, 366 and 376 IPC read with Section 3/4 Protection of Children from Sexual Offence Act, 2012, lodged at Police Station Asoha, District Unnao, against the applicant no.1 and under Sections 504 & 506 IPC against the applicant no. 3, pending in the Court of learned Additional Sessions Judge-II/POCSO Act, Unnao as well as the summoning order dated 16.01.2025 passed by the learned Additional Sessions Judge-II/POCSO Act, Unnao, is hereby quashed. Order Date :- 14.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench