HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6689 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, Sri Rajesh Kumar, learned counsel for the opposite parties no. 2 & 3, learned A.G.A. for the State and perused the record. The instant application 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 Sessions Case No.: 33 of 2023 arising out of Case Crime No. 495 of 2022 Under-Sections- 376,504,506 I.P.C. and 5j(ii) and 6 Pocso Act P.S. Asandra District Barabanki. On 18-08-2025, the following order was passed:- "Sri Rajesh Kumar, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2 & 3 and the same is taken on record. Heard learned counsel for the applicants, Sri Rajesh Kumar, learned counsel for opposite party no. 2 & 3, learned AGA for the State and perused the record. Instant application has been filed with the prayer to quash the entire proceedings of Sessions Case No.: 33 of 2023 arising out of Case Crime No. 495 of 2022 Under- Sections- 376,504,506 I.P.C. and 5j(ii) and 6 Pocso Act P.S. Asandra District Barabanki. It is submitted by counsel for the applicants that an FIR was lodged by the informant on 02.11.2022 under sections 376, 504, and 506 of IPC, readwith section 5j(ii) and 6 Pocso Act under some misconception and thereafter, the chargesheet was filed and the matter proceeded, but in the meantime, the applicant no. 1 and the alleged victim performed married and they are living as husband and wife and there are two children from their wedlock. He submits that the case of the present applicants is covered with the ratio of judgment rendered in the case of Vishwas Bhandari v. State Versus Counsel for Applicant(s) : Sudhir Kumar Counsel for Opposite Party(s) : G.A., Rajesh Kumar, Suhail Kashif Durgesh And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) of Punjab and another reported in (2021) 2 Supreme Court Cases 605, Criminal Appeal No.105 of 2021, dated 03.02.2021, and therefore, prayed that the further proceeding will amount to harassment of the present applicants, thus, the criminal proceedings against the applicants may be quashed. On the other hand, counsel appearing for opposite party nos. 2 and 3 have supported the version of counsel for the applicants and submits that the criminal proceedings against the applicants may be dropped. Learned A.G.A. though has opposed the contentions on merits, but he has no objections if the parties have settled their life by performing marriage and there are two children from their wedlock. In view of the aforesaid and ascertaining the truthfulness of the statements made in the application, let the applicant no. 1, opposite party no. 2 and opposite party no. 3 be present before this Court on 26.08.2025 at 2:15 pm. Till the next date of listing, the criminal proceeding of Sessions Case No.: 33 of 2023 arising out of Case Crime No. 495 of 2022 Under-Sections- 376,504,506 I.P.C. and 5j(ii) and 6 Pocso Act P.S. Asandra District Barabanki shall remain stayed so far as the present applicants are concerned. The counsel for the respective parties shall intimate this order to their clients." In compliance of the aforesaid order, the alleged prosecutrix, Roshini, is present in person before this court, who is identified by Sri Rajesh Kumar, Advocate. On query being asked, she submits that under some misconception, the first information has been lodged, though on the said date, she was major and had performed her marriage with the applicant no. 1, Durgesh and she is living as husband and wife and there is a child of two years from their wedlock. She added that under misconception, her father has lodged the first information report. The father/complainant is also present in person before this court. He submits that under some misconception, he has lodged the first information report and now he is not intended to pursue the matter. Learned counsel for the applicants as well as opposite parties have jointly, requested that the matter is covered with the ratio of judgment rendered in the case of Vishwas Bhandari v. State of Punjab and another reported in (2021) 2 Supreme Court Cases 605, Criminal Appeal No.105 of 2021, A482 No. 6689 of 2025 2 dated 03.02.2021,and therefore,the criminal proceedings against the applicants may be quashed. Learned counsel for the State has no objection to the contentions aforesaid. Considering the submissions of learned counsel for the parties, particularly, the statements given before this court by the alleged prosecutrix as well as the father i.e. the complainant, the criminal proceedings arising out of Case Crime No. 495 of 2022 Under-Sections- 376,504,506 I.P.C. and 5j(ii) and 6 Pocso Act P.S. Asandra District Barabanki, are hereby quashed. The application is allowed accordingly. Interim order stands vacated. Consigned to records. August 26, 2025 AKS A482 No. 6689 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench