HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7562 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. Instant application has been filed with a prayer to quash the Crl. Case/Trial No. 79 of 2017 u/s 328, 363, 376D IPC & 5/6 Pocso Act P.S. Alapur District Ambedkar Nagar alongwith summoning order dated 16.11.2017 and 27.06.2022. On 15-09-2025, the following order was passed :- "Sri Pawan Kumar, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same is taken on record. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant application has been filed with a prayer to quash the Crl. Case/Trial No. 79 of 2017 u/s 328, 363, 376D IPC & 5/6 Pocso Act P.S. Alapur District Ambedkar Nagar alongwith summoning order dated 16.11.2017 and 27.06.2022. It is argued by learned counsel for the applicants that under certain misconception, the first information report was lodged, whereas, the parties have settled their life by way of performing marriage. He has drawn attention towards the compromise deed, wherein, in paragraph no. 3 to 6, the facts are mentioned that the applicant no. 1 as well as the alleged prosecutrix have performed marriage separately in long back and if the criminal prosecution would be allowed to go on, the prosecutrix would suffer with trauma, again. In support of his contentions, he has placed reliance upon the judgment rendered in Madhukar & ors. versus The State of Maharashtra & Anr. in Versus Counsel for Applicant(s) : Manish Mani Sharma Counsel for Opposite Party(s) : G.A., Pawan Kumar Rakesh Kumar And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 4 Others .....Opposite Party(s) SLP (Crl.) No.7212 of 2025 and submits that the case of the present applicants is squarely covered with the ratio of the judgment abovesaid, therefore, submission is that the criminal proceedings against the applicants may be quashed. On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of counsel for the applicants. Learned A.G.A. appearing for the State, though has opposed the contentions aforesaid, but he could not dispute the settled proposition of law in the case of Madhukar(Supra), applicable in the present case. Considering the aforesaid facts and circumstances, the applicant no. 1 and the opposite party no. 2 are directed to remain present before this Court on 26.09.2025 at 2:15 pm. List/put up this matter on 26.09.2025 at 2:15 pm. Till the next date of listing, the criminal proceedings of Crl. Case/Trial No. 79 of 2017 u/s 328, 363, 376D IPC & 5/6 Pocso Act P.S. Alapur District Ambedkar Nagar, shall remain stayed, so far as the present applicants are concerned. " In compliance of the order aforesaid, the victim/opposite party no. 2 as well as the applicant no. 1 namely, Rakesh Kumar, are present in person before this court. On query being asked, the opposite party no. 2 submitted that her mother lodged the first information report under certain annoyance and no such incident has ever taken place. She submitted that she was major at the time of the alleged incident and she has performed marriage prior to four years ago and she is living with her husband peacefully and if she would be called before learned trial court again in the witness box, she will face trauma. She thus submits that the criminal proceedings against the applicants may be dropped. The applicant no. 1 has also reiterated the aforesaid version of the opposite party no. 2. Learned counsels appearing for both the sides have jointly prayed that the instant matter is squarely covered with the ratio of judgment rendered in Madhukar & ors. versus The State of Maharashtra & Anr. in SLP (Crl.) No.7212 of 2025 and thus, the criminal proceedings against the applicants may be quashed. Learned counsel for the State has no objection to the contentions A482 No. 7562 of 2025 2 aforesaid. Considering the submissions of learned counsels for the parties, particularly, the statement of the alleged victim/opposite party no. 2 that she has performed marriage and she is living peacefully with her husband separately and no such incident has ever taken place and considering the settled proposition of law in the case of Madhukar(Supra), this court finds it a fit case for quashing of the criminal proceedings. Consequently, the criminal proceedings arising out of Crl. Case/Trial No. 79 of 2017 u/s 328, 363, 376D IPC & 5/6 Pocso Act P.S. Alapur District Ambedkar Nagar, are hereby quashed. Application is allowed. Consequences to follow. Appearance of applicant and opposite party no. 2 is hereby exempted September 26, 2025 AKS A482 No. 7562 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench