Neutral Citation No. - 2025:AHC-LKO:46505 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6470 of 2025 Applicant :- Mahendra Alias Mahendra Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Lko And 4 Others Counsel for Applicant :- Sheikh Mohammad Ali Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Short counter affidavit along with the Vakalatnama filed by Shri Brijesh Kumar, Advocate holding brief of Shri Ramesh Gupta, Advocate on behalf of opposite party nos.2 (complainant) & 3 (victim) is taken on record. 2. The applicant and the victim are present in person and they have been duly identified by their respective counsels. 3. Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Brijesh Kumar Advocate holding brief of Shri Ramesh Gupta, learned counsel for the opposite party nos.2 (complainant) & 3 (victim) and perused the record. 4. By means of the instant application, the applicant has prayed to quash the entire proceeding of Special Trial No.437 of 2018 (State Vs. Mahendra) arsing out of Case Crime No.578 of 2017 under Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act, PS- Malihabad, District- Lucknow including the the charge sheet dated 06.04.2018 as well as the cognizance order dated 08.05.2018 passed by the Additional Sessions Judge-VIII, Lucknow. 5. The learned counsel for the applicant submits that the FIR was lodged against the applicant on 25.12.2017 under Sections 363, 366, 506 IPC and Section 3/4 of POCSO Act and since the victim was illiterate, therefore, she was produced before the Chief Medical Officer, Lucknow for ossification examination and as per the ossification examination, age of victim was found to be 18 years. A copy of the ossification examination report is appended as Annexure No.4 to the instant application. 6. Learned counsel for the applicant has further advanced his argument that the applicant and the alleged victim were major at the time of said incident. Though, due to annoyance, the mother of the victim lodged the first information report but subsequently, on 14.07.2025, the applicant, the alleged victim and the complainant entered into a compromise and in the said compromise, it is mentioned that the applicant and the alleged victim have solemnized marriage and they are living happily as husband and wife and they are also having a child from their wedlock. The compromise deed dated 14.07.2025 is appended as Annexure No.7 to the instant application. 7. Incidentally, the alleged victim is present in the Court and she has been produced with the permission of this Court. The victim has been identified by her counsel in the Court. 8. On query being asked, the alleged victim, namely, Mrs. Mamta present before this Court, replied that she has solemnized marriage with the applicant and she is living with him as his wife. She also stated that they have a child aged about 1 year from their wedlock. 9. Learned counsel for the opposite party no.2 (complainant) & 3 (victim) has also supported the contention of the learned counsel for the applicant and submitted that parties have amicably settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicant may be dropped. 10. Learned counsel for the State has no objection to the contentions aforesaid. 11. Considering the aforesaid above-noted of the learned counsel for the parties, it appears from the report of Chief Medical Officer, Lucknow that the alleged victim was 18 years of age at the time of alleged incident and as per the statement made in the affidavit in support of the short counter affidavit, it transpires that the alleged victim has performed marriage with the applicant and both are living as husband and wife and they are also having a child aged about one year from their wedlock. The victim has also stated that she is major and has performed marriage with the applicant and is having one year old child from their wedlock. 12. In view of the above, as the applicant and opposite parties have entered into compromise on 14.07.2025 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside. 13. Accordingly, the present application is allowed and the criminal proceedings with regard to Special Trial No.437 of 2018 (State Vs. Mahendra) arsing out of Case Crime No.578 of 2017 under Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act, PS- Malihabad, District- Lucknow including the the charge sheet dated 06.04.2018 as well as the cognizance order dated 08.05.2018 passed by the Additional Sessions Judge-VIII, Lucknow are hereby quashed. 14. Consequences to follow. Order Date :- 8.8.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench