Neutral Citation No. - 2025:AHC-LKO:43895 Court No. - 29 Case :- APPLICATION U/S 482 No. - 6165 of 2025 Applicant :- Narendra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Desh Raj Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Counter affidavit filed today by learned counsel for the victim/ opposite party no.3 is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the victim/ opposite party no.3 and learned AGA for the State. 3. The instant application under Section 482 Cr.P.C./ 528 BNSS has been filed with the following main prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal case No.1116/24, (State Vs. Narendra) arising out of Charge Sheet No. 01 dated 08.09.2023 in pursuance of Case Crime No./ First Informatiin Report No. 0034 of 2023 Under Section 363,366, I.P.C and 16/17 of Protection of Children from Sexual Offence Act, 2012 for petitioner relating to Police Station Mahmudabad, District-Sitapur pending before the the Court of Learned Special Judge (POCSO Act)/Additional Sessions Judge Court No-14, Sitapur as well as summoning order dated 29.08.2024 passed by the Learned Special Judge (POCSO Act)/Additional Sessions Judge-14, Sitapur ( Contained as Annexure No.1 and 2) in the interest of justice." 4. It is argued by learned counsel for the applicant that the FIR has been launched on 03/01/2023 alleging therein that the applicant has unlawfully taken away the alleged victim, who is minor, though, no such incident has ever taken place, rather, the alleged victim, who was major, with her own sweet will, went away with the applicant and both performed the marriage and they are living as husband and wife. He has also drawn attention towards Annexure No. 10 (page number 54) of the application, which is the age certificate issued by the Chief Medical Officer (CMO), Sitapur, wherein the age of the alleged victim is mentioned as 20 to 21 years, which also indicates that on the date of the incident, the alleged victim had attained the age of majority and now, undoubtedly, she is major. Learned counsel for the applicant also added that if the criminal proceeding would be allowed to go on against the applicant, it would ruin the marital life of the alleged victim and the applicant. He submits that the applicant and the alleged victim are present before this Court and if this Hon'ble Court may so pleases, record the statement. Thus, submission is that the criminal proceeding against the applicant may be quashed. 5. On the other hand, learned counsel appearing for the alleged victim/ opposite party no.3 has also supported the version of the learned counsel for the applicant and submitted that the victim/deponent/ opposite party no.3 is major and she has performed the marriage and is having four months pregnancy as is mentioned in paragraph 13 of the affidavit. Therefore, submission is that the criminal proceeding against the applicant may be quashed. 6. Incidentally, the victim/ opposite party no.3 is present before this court and she has been produced by her Shri Akhil Anand, who has identified her in the Court. 7. On a query being asked, she replied that the averments made in the affidavit and in the counter affidavit are correct as she is major and has performed the marriage with the applicant as per her free will. She also stated that she is living with the applicant as wife and she is pregnant. 8. Learned AGA has, however, opposed the matter on merits but she has no objection if the applicant and victim/ opposite party no.3 are living as husband and wife and both are major. 9. Considering the submissions of learned counsel for parties and after perusal of record, it transpires that the applicant and the alleged victim/ opposite party no.3 are major. The certificate issued by the Chief Medical Officer is also evident that the alleged victim is of 21 years of age and the incident is said to have taken place in the year 2023 and as per the certificate, the victim was also major at then. This court has also noticed the fact that the alleged victim has specifically stated that she has performed the marriage with the applicant and she is living with him. In view of the aforesaid facts and circumstances coupled with the statement of the opposite party no.3, the further criminal proceeding against the present applicant would amount to harassment as the matter would not lead to the punishment. I find it fit case, thus, the instant application is hereby allowed. Consequently, the criminal proceeding of Criminal case No.1116/24 (State Vs. Narendra), arising out of Charge Sheet No. 01 dated 08.09.2023 in pursuance of Case Crime No./ First Informatiin Report No. 0034 of 2023, under Sections 363, 366 I.P.C and Section 16/17 of Protection of Children from Sexual Offences (POCSO) Act, 2012, Police Station Mahmudabad, District Sitapur is hereby quashed. 10. Consequences to follow. Order Date :- 29.7.2025/Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench