Neutral Citation No. - 2025:AHC-LKO:49246 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6036 of 2025 Applicant :- Tbrej Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Praveen Kumar Tripathi Counsel for Opposite Party :- G.A.,Bipin Kumar Tiwari Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the parties and perused the record. 2. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023 has been filed with the prayer to quash the entire proceedings of Session Trial No.146/2019, (State versus Tbrej) including the Cognizance order dated 16.11.2019 & Non- Bailable Warrant dated 17.02.2021 passed by the learned Special Judge, POCSO Act, District- Pratapgarh as well as the charge-sheet bearing No.02/2019 dated 13.09.2019 arising out of Case Crime No. 484/2018, under section 363, 366, 376, of I.P.C. & Of POCSO Act, Police Station- Lalganj, District- Pratapgarh. 3. On 11.08.2025, this Court had passed the following order: "1. Counter affidavit filed by Shri Bipin Kumar Tiwari, learned counsel for the opposite party nos.4 (complainant) and 5 (victim) is taken on record. 2. Rejoinder affidavit to the counter affidavit filed by learned counsel for the applicant is taken on record. 3. Heard learned counsel for the applicant, learned counsel for the opposite party nos.4 (complainant) and 5 (victim), learned A.G.A. for the State and perused the record. 4. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the prayer to quash the entire proceedings of Session Trial No.146/2019, (State versus Tbrej) including the Cognizance order dated 16.11.2019 & Non-Bailable Warrant dated 17.02.2021 passed by the learned Special Judge, POCSO Act, District- Pratapgarh as well as the charge-sheet bearing No.02/2019 dated 13.09.2019 arising out of Case Crime No. 484/2018, under section 363, 366, 376, of I.P.C. & Of POCSO Act, Police Station- Lalganj, District- Pratapgarh. 5. The argument put-forth by learned counsel for the applicant is that due to some misconception, the first information report was lodged but the parties have now settled their issues and the alleged victim and the applicant have performed marriage on 05.10.2020 and they are living as husband and wife. More so, they are having child, aged about 9 months, from their wedlock. He submits that allowing the further criminal proceeding would amount to harassment as well as abuse of process of law, therefore, the criminal proceeding against the applicant may be quashed. He also submits that the applicant has been sent to jail as the non-bailable warrant was issued against him. 6. On the other hand, learned counsel for the opposite party nos.4 (complainant) and 5 (victim) supports the version of learned counsel for the applicant and submits that two affidavits have been filed on behalf of the opposite party no.5 (victim) as well as the opposite party no.4 (complainant/mother of the victim), in both the affidavit, it has specifically been stated that the applicant and victim have performed marriage. 7. List this case on 20.08.2025 at 02:15 PM. 8. For the forgoing reasons, opposite party no.4 (complainant) and the opposite party no.5 (victim) are directed to remain present before this Court on the next date of listing. 9. Shri Bipin Kumar Tiwari, learned counsel for the opposite party nos.4 and 5 is directed to communicate this order to the opposite party no.4 (complainant) and the opposite party no.5 (victim). 10. Till the next date of listing, criminal proceedings of Session Trial No.146/2019, (State versus Tbrej) arising out of Case Crime No. 484/2018, under section 363, 366, 376, of I.P.C. & Of POCSO Act, Police Station- Lalganj, District- Pratapgarh shall remain stayed, so far as the applicant is concerned." 4. In compliance of the aforesaid order, the victim as well as the complainant are present before this Court. On query being made, the victim has stated that she has performed marriage with the applicant and there is a nine months' old child from their wedlock and due to annoyance the FIR was lodged by her mother. 5. Mother of the victim is also present before this Court. She has stated that due to anguish; she lodged the FIR and now the applicant has performed marriage with her daughter (victim) and there is a nine months' old child from their wedlock and, therefore, she does not want to press the criminal prosecution against the applicant at this stage. 6. Considering the submissions advanced by learned counsel for the parties and the version stated by the victim and complainant, this application deserves to be allowed. 7. Thus, the application is allowed and the entire proceedings of Session Trial No.146/2019, (State versus Tbrej), including the Cognizance order dated 16.11.2019 & Non-Bailable Warrant dated 17.02.2021 passed by the learned Special Judge, POCSO Act, District- Pratapgarh as well as the charge-sheet bearing No.02/2019 dated 13.09.2019 arising out of Case Crime No. 484/2018, under section 363, 366, 376, of I.P.C. & Of POCSO Act, Police Station- Lalganj, District- Pratapgarh, are hereby quashed. 8. Let a copy of this order be transmitted to the trial Court concerned forthwith. [Shree Prakash Singh,J.] Order Date :- 20.8.2025MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench