HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7561 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the material placed on record. The instant application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the chargesheet No. 01 of 2023, in Criminal Case/Sessions Trial No. 875 of 2023, arising out of Case Crime No. 0188 of 2023, under Sections 366, 363, 376 IPC read with Section 3/4 of POCSO Act, Police Station Purva, District Unnao. On -09-09-2025, the following order was passed :- "Vakalatnama filed today by Sri Deepak Kumar, Advocate on behalf of opposite party no. 2/informant is taken on record. Heard learned counsel for the applicant, Sri Deepak Kumar, learned counsel appearing for opposite party no. 2/informant and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the chargesheet No. 01 of 2023, in Criminal Case/Sessions Trial No. 875 of 2023, arising out of Case Crime No. 0188 of 2023, under Sections 366, 363, 376 IPC read with Section 3/4 of POCSO Act, Police Station Purva, District Unnao." It is argued by learned counsel for the applicant that the applicant is innocent and he has falsely been roped in the criminal proceedings. He submits that the applicant, after he was bailed out, has performed the marriage with the alleged Versus Counsel for Applicant(s) : Kapil Dev Srivastava Counsel for Opposite Party(s) : G.A., Deepak Kumar Avdhesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Opposite Party(s) victim and they are living as husband and wife peacefully. He further added that the complainant, who is mother of the alleged victim, has no objection with respect to the relation of the applicant and the victim and she is not willing to press the criminal prosecution against the applicant. In support of his contention, he has placed reliance on a judgement 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. Thus, submission is that the criminal proceedings against the applicant may be quashed. On the other hand, learned counsel appearing for opposite party no. 2 has supported the version of learned counsel for the applicant and submitted that the criminal proceedings against the applicant may be quashed. Learned AGA for the State, though, has opposed the contentions on merits but he has no objection, if the parties have performed the marriage and they are living peacefully as husband and wife. List/put up this this matter on 17th of September, 2025 at 02:15 p.m. The applicant as well as the alleged prosecutrix, including the complainant shall remain present before this Court on the next date. Til the next date of listing, further proceedings of Criminal Case/Sessions Trial No. 875 of 2023, arising out of Case Crime No. 0188 of 2023, under Sections 366, 363, 376 IPC read with Section 3/4 of POCSO Act, Police Station Purva, District Unnao, shall remain stayed. In compliance of the order aforesaid, the applicant namely, Avdhesh Kumar, the alleged victim namely, Kajal and complainant, Ms. Mamta, are present in person before this court and they are identified by their respective counsels. On query being asked, they jointly stated that under certain misconception, the first information report was lodged, though the victim was major at the time of the alleged incident and now, she has performed marriage with the consent of her family members with the applicant and the applicant as well as the victim are living as husband and wife and there is no further dispute in between them. Learned counsel for the applicant submits that since the applicant and the alleged victim have performed marriage and allowing further criminal proceedings would amount to harassment and therefore, the A482 No. 7561 of 2025 2 criminal proceedings against the applicants may be quashed. Learned counsel for the opposite party no. 2 has no objection to the contentions aforesaid, rather he has reiterated the aforesaid contentions. Learned A.G.A. appearing for the State, though has opposed the matter on merit, but, he has no objection if the parties have settled their dispute as they have performed marriage. Considering the submissions of learned counsels for the parties and after perusal of the record and also considering the statements of the applicant, complainant and the alleged victim, this court finds that the present matter is squarely covered with the ratio of Judgment 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. Consequently, the criminal proceedings arising out Criminal Case/Sessions Trial No. 875 of 2023, arising out of Case Crime No. 0188 of 2023, under Sections 366, 363, 376 IPC read with Section 3/4 of POCSO Act, Police Station Purva, District Unnao, are hereby quashed. Application is allowed accordingly. Consequences to follow. Consigned to record. Personal appearance of the applicant, alleged victim and the complainant is hereby exempted. September 17, 2025 AKS A482 No. 7561 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench