HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7157 of 2023 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. On 20.08.2025, the following order was passed:- "1. Heard learned counsel for the applicant, learned AGA for the State, as well as Sri Adesh Pandey, Advocate, holding brief of Sri Siddharth Shankar Dubey, learned counsel for the opposite party no. 2-informant. 2. It is contended by learned counsel for the applicant that opposite party no. 2- inforant annoyingly lodged the FIR though there is no truthfulness in the same. He submits that applicant and the victim were major at the time of alleged incident and subsequently they had performed marriage and since then they are living as husband and wife and there is no further dispute between them. He added that allowing criminal proceedings to run would amount to harassment of the applicant and, therefore, submission is that criminal proceedings against the applicant may be quashed. 3. On the other hand, learned counsel appearing on behalf of opposite party no. 2- informant has supported the version of learned counsel for the applicant and submitted that the informant has no objection, if the criminal proceedings are quashed, as the applicant has performed marriage with her and now both are living as husband and wife. 4. Learned AGA appearing on behalf of the State though has opposed the contentions aforesaid but he has no objection to quash the criminal proceedings, if the parties have performed marriage and settled the dispute. 5. List on 29.08.2025 at 2.15 p.m. 6. Opposite party no. 2-informant and the applicant shall remain present before this Versus Counsel for Applicant(s) : Amrendra Nath Tripathi, Rahul Rai Counsel for Opposite Party(s) : G.A., Siddharth Shankar Dubey Harimohan Rai .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Lko. And Another .....Opposite Party(s) Court so as to their statements may be recorded." In compliance of the aforesaid order, the opposite party no. 2/alleged prosecutrix is present before this Court and has been identified by her counsel namely, Siddharth Shankar Dubey, On query being asked, she replied that she has performed marriage with the present applicant and is residing as husband and wife peacefully and there is no dispute further. The applicant namely, Harimohan Rai is also present before this Court and he has supported the version of opposite party no.2/informant. Learned counsel appearing for the applicant submits that since the parties are major and they have performed marriage and are living as husband and wife, therefore, allowing further criminal proceedings would create hurdle in their marital life and no purpose would be sub-served to allow the trial court to proceed with the trial, thus, submission is that the criminal proceedings arising out Case Crime No. 0151 of 2023 may be quashed. In support of his contentions, he has placed reliance on a judgment rendered in Vishwas Bhandari v. State of Punjab and another reported in (2021) 2 Supreme Court Cases 605, Criminal Appeal No.105 of 2021, dated 03.02.2021 and has placed reliance on paragraphs 9 and 10 and the same are extracted hereunder:- "9. We find that the evidence of the prosecutrix and the complainant before the Court shows that there is no allegation whatsoever against the appellant. The main allegation was against Vikram Roop Rai but the prosecutrix married him on 4.8.2013 and had given birth to two children from that wedlock. In the absence of any allegation against the appellant, we find that the continuation of proceedings against him is nothing but an abuse of process of law. 10. Since there is no evidence against the appellant, the proceedings initiated against him on the basis of FIR would be untenable. The High Court was, thus, not justified in dismissing the petition against the appellant." Referring the aforesaid, he submits that the case of the present applicant is squarely covered with the ratio of the Judgment aforesaid, thus, submission is that the criminal proceedings against the applicant may be quashed. On the other hand, Sri Siddharth Shankar Dubey, learned counsel for the opposite party no. 2 has also supported the version of the applicant and A482 No. 7157 of 2023 2 submits that the criminal proceeding against the applicant may be dropped as the applicant and opposite party no. 2 have performed marriage and they are living as husband and wife. Learned AGA appearing for the State though, has opposed on merits, but he has no objection if the parties are major and they have decided to live with each other after performing the marriage. Considering the submissions of learned counsels for the parties, particularly, the statement of the parties that they have performed marriage and they are living as husband and wife peacefully without any further dispute. The case of the present applicant is also covered with the ratio of Judgment of the Vishwas Bhandari v. State of Punjab and another (Supra) as the applicant and the alleged prosecutrix have performed their marriage and they are living as husband and wife. Resultantly, the criminal proceedings of Crl. Case No. 59308 of 2023 arising out of Case Crime No. 0151 of 2023 under Sections 376, 323, 504, 506 and 406 of IPC and section 67 of I.T. Act 2008 Police Station -Vibhuti Khand District Lucknow are hereby quashed. Consequences shall be followed. Consigned to record. The personal appearance of the applicant, namely, Harimohan Rai and the opposite party no. 2/prosecutrix is hereby exempted. The application under section 482 Cr.P.C. is allowed accordingly. August 29, 2025 Mayank A482 No. 7157 of 2023 3 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench