HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7444 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Uma Kant Gupta, Advocate, has put in appearance by way of filing Vakalatnama on behalf of the opposite party no. 3/victim and the same is taken on record. Heard learned counsel for the applicant, Sri Uma Kant Gupta, learned counsel for the opposite party no. 3, learned A.G.A. for the State and perused the material placed on record. Instant application under section 482 Cr.P.C./528 of B.N.S.S., 2023, has been filed with the prayer to quash the entire proceedings of Case No. 1656 of 2021, arising out of Case Crime No. 541 of 2021, State V/s Vivek, under sections 363, 366, 376 I.P.C and section 3/4 of POCSO Act, Police Station: -Shandi, District: Hardoi., pending in the court of Special Judge (POCSO Act), District: Hardoi as well as impugned chargesheet no. 522/2021 dated 01.11.2021 submitted against the petitioner by the Investigating Officer in aforesaid case crime no. as well cognizance order passed against the petitioner by Special Judge (POCSO Act) District: Hardoi. It is argued by the learned counsel for the applicant that the first information report is lodged against the applicant by the father of the opposite party no. 3 under certain anonymity. He submits that the victim was major at the time of the alleged incident, as is evident from Versus Counsel for Applicant(s) : Tribhuvan Narai Singh Counsel for Opposite Party(s) : G.A., Uma Kant Gupta Vivek Kumar @ Vivek .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) the Ossification Report. He added that the victim has performed marriage with the applicant and the marriage certificate is also appended as Annexure No. 6 alongwith the application. He next added that more so, there is a newly born child from the wedlock of the applicant and the opposite party no. 3. He submits that if the criminal proceedings are allowed to go on, no fruitful purpose would be sub. served. In support of his contentions, he has placed reliance on a 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, dated 03.02.2021 and submits that the case of the present applicant is squarely covered with ratio of Judgment aforesaid. Thus, submission is that the criminal proceedings initiated against the applicant may be quashed. On the other hand, Sri Uma Kant Gupta, learned counsel appearing for the opposite party no. 3 has also supported the version of the learned counsel for the applicant and submits that the father of the opposite party no. 3 was not glad with respect to relation of the applicant and therefore, the first information report is lodged, though the fact remains that the opposite party no. 3 has performed marriage with the applicant and they are living as husband and wife and there is a newly born child from their wedlock and if the criminal proceedings are allowed to go on against the applicant, the victim shall again face the trauma. Thus, submission is that the criminal proceedings against the applicant may be dropped. Incidently, the applicant and the opposite party no. 3/victim are present before this court alongwith their newly born child and they are identified by their respective counsels. On query being asked, the victim stated that she is major and has performed marriage with the applicant and the marriage is also got registered on 18-10-2024 with the office of Marriage Registration Officer. She submits that the criminal proceedings may be dropped against the applicant. She also submits that her father has lodged the A482 No. 7444 of 2025 2 first information report in anguish and there is no truthfulness in the same. Learned A.G.A. appearing for the State, though has opposed the contentions aforesaid, but, he has failed to refute the contention regarding the fact that the parties have performed marriage and they are living as husband and wife. For the foregoing reasons and submissions including the statement of the victim , it is apparent that the first information report has been lodged by the father of the victim and that too, in anonymity. Further, the applicant and the victim have performed marriage and a copy of the marriage registration certificate, which is issued by the Marriage Registration Officer, appended as Annexure No. 6, is apparent that both have got married. This court has also noticed the fact that there is one year newly born child from the wedlock of the applicant and the child has also been produced before this court. Ergo, the criminal proceedings arising out of Case Crime No. 541 of 2021, State V/s Vivek, under sections 363, 366, 376 I.P.C and section 3/4 of POCSO Act, Police Station: -Shandi, District: Hardoi, are quashed so far as the present applicant is concerned. Consequences to follow. The application is allowed accordingly. September 16, 2025 AKS A482 No. 7444 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench