HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7609 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Short counter affidavit filed today by learned counsel for the opposite party no.3 is taken on record. 2. On 16.09.2025, the following order was passed:- "1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 27.08.2023 arising out of Case Crime No. 471/2023, Under Sections 363 & 366 IPC pertaining to Police Station- Kotwali Nagar, District- Ayodhya as well as the impugned cognizance/summoning order dated 16.10.2023 passed by the learned Chief Judicial Magistrate, Ayodhya in Case No. 13356/2023 (State Vs. Jakir Khan) as well as entire criminal proceedings of Sessions Trial No. 299/2023 "State Versus Jakir Khan" pending before the learned Additional District & Sessions Judge/F.T.C. 2nd Ayodhya, as contained in Annexure No.1&2 to this application, in the interest of justice." 3. It is argued by learned counsel for the applicant that the FIR was lodged by Versus Counsel for Applicant(s) : Lal Bahadur Khan Counsel for Opposite Party(s) : G.A., Abdul Alim Khan, Mohd. Vakar Khan Jakir @ Zakir Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 2 Others .....Opposite Party(s) the opposite party no.2/ step brother of the opposite party no.3 though there is no truthfulness in the same. He submits that even assuming the application of the FIR is correct, the alleged victim was about 17 years of age. He added that now the applicant as well as the opposite party no.3 are major and they have performed marriage and both are living as husband and wife. He submits that an affidavit has also been placed alongwith the application that the opposite party no.3 stated in paragraph 3 that she is 19 years of age and have performed marriage with the applicant and is living peacefully. In paragraph 4 of the aforesaid affidavit, it is also submitted that the opposite party no.2/ informant is the step brother of the alleged prosecutrix. He was demanding Rs.5,00,000/- from the applicant for withdrawing the case. 4. In support of his contention, he has placed reliance in the ratio of judgment of Vishwas Bhandari v. State of Punjab and another reported in (2021) 2 Supreme Court Cases 605 and submits that the criminal proceeding against the applicant may be quashed. 5. On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid but he has no objection if the parties have performed marriage and they are major. 6. Considering the aforesaid submissions, the applicant and the opposite party no.3 are directed to remain present before this Court on 23.09.2025 at 02:15 P.M. 7. Until further order(s), the criminal proceeding in Sessions Trial No. 299/2023 "State Versus Jakir Khan", arising out of Case Crime No. 471/2023, Under Sections 363 & 366 IPC, Police Station- Kotwali Nagar, District- Ayodhya, against the applicant shall remain stayed. 8. Learned counsels for the parties shall inform this order to the applicant as well as the opposite party no.3. " 3. In compliance of the order aforesaid, the applicant - Jakir @ Zakir Khan and the opposite party no.3/ victim - Smt. Saiba Khan are present before this Court and they have been identified by their respective learned counsels in the Court Room. A482 No. 7609 of 2025 2 4. On query being asked, the opposite party no.3 replied that she was major at the time of the incident and she has performed marriage with the applicant with her own sweet will and the step brother has lodged this FIR only to harass the applicant. She submitted that the criminal proceeding against the applicant may be dropped. The applicant has also reiterated the statement of the opposite party no.3. 5. The learned counsels for the parties have jointly prayed that the criminal proceeding against the applicant may be quashed as the applicant and the opposite party no.3 have performed marriage and they are living peacefully as husband and wife. 6. Considering the submissions of the learned counsel for the parties and the statement of the the opposite party no.3/ victim, this Court finds that the matter is covered with the ratio of judgment rendered in 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, thus, the criminal proceedings of Sessions Trial No. 299/2023 "State Versus Jakir Khan", arising out of Case Crime No. 471/2023, Under Sections 363 & 366 IPC, Police Station- Kotwali Nagar, District- Ayodhya against the applicant, are hereby quashed. 7. The appearance of the applicant and the opposite party no.3 are hereby exempted. 8. Office is directed to communicate this order to the trial court concerned. 9. Consequences to follow. 10. Consigned to record. September 23, 2025 Mohd. Sharif A482 No. 7609 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench