HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8005 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. On 19.09.2025, the following order was passed:- "Sri Gautam Mishra, Advocate, has put in appearance by way of filing Vakalatnama as well as Short Counter Affidavit on behalf of opposite parties no. 2 & 3 and the same is taken on record. Office is directed to print the name of Sri Gautam Mishra, Advocate, as counsel for the opposite parties no. 2 & 3 when the case is listed next. Heard learned counsel for the applicant, Sri Gautam Mishra, learned counsel for the opposite parties no. 2 & 3, learned A.G.A. for the State and perused the record. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the impugned summoning order dated 28.04.2025 (Annexure No. 1) passed by Learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Bahraich in Sessions Trial No. 571 of 2025 (State V Choatu) and to quash the impugned chargesheet dated 20.03.2025 (Annexure No. 2) as well entire proceedings of Sessions Trial No. 571/2025 (State Versus Chotu), concerning Case Crime No. 390 of 2022, under sections 363, 366, 376(2)(n) of IPC and sections 51 & 6 of the POCSO Act, Police Station-Baundi, District Bahraich. It is argued by the learned counsel for the applicant that the first information report was lodged by the father of the alleged prosecutrix under certain misconception, whereas the applicant as well as the alleged prosecutrix have performed marriage on 18-04-2025 and thereafter, they are living as husband and wife happily. He submits that allowing further criminal proceedings would vanish the marital life of the Versus Counsel for Applicant(s) : Dheeraj Awasthi, Piyush Singh, Shatakshi Shukla Counsel for Opposite Party(s) : G.A., Gautam Mishra, Shailendra Kumar Mishra Choatu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) applicant and the alleged prosecutrix and the prosecutrix will again face trauma, therefore, submission is that the criminal proceedings against the applicant may be quashed. On the other hand, learned counsel appearing for the opposite parties no. 2 & 3 has supported the version of the learned counsel for the applicant and submits that the criminal proceedings against the applicant may be dropped. Learned A.G.A. appearing for the State has opposed the contentions of the learned counsel for the applicant, but, he could not dispute the contentions of learned counsel for the parties that they have performed marriage and they are living as husband and wife. In view of the aforesaid submissions of learned counsels for the parties,the applicant as well as the opposite parties no. 2 & 3 are directed to remain present before this court on 24-09-22025 at 02.15 P.M. List/put up this matter on 24-09-2025. Till the next date of listing, the criminal proceedings arising out of Case Crime No. 390 of 2022, under sections 363, 366, 376(2)(n) of IPC and sections 51 & 6 of the POCSO Act, Police Station-Baundi, District Bahraich, shall remain stayed so far as the present applicant is concerned. Learned counsel for the respective parties shall inform their clients with respect to the next date fixed in this case." In-compliance of the aforesaid order, the applicant, namely, Choatu, opposite party no. 2- Ganga Ram and opposite party no. 3- Gangotri are present before this Court. On query being asked, the opposite party no. 3 stated that she was major at the time of incident and she had performed marriage with the applicant and due to anonymity, the father has lodged the instant F.I.R, though, there is no truthfulness in the same. The applicant has also reiterated the aforesaid version. The opposite party no. 2 is also present before this Court and he sated that under some misconception, he has lodged the First Information Report, though, her daughter was major at the time of incident and no offense has been committed by the applicant. Both the counsels for the parties have jointly prayed that since the applicant and opposite party no. 3 have performed marriage and they are living A482 No. 8005 of 2025 2 peacefully, therefore, the criminal proceedings against the applicant may be quashed. Learned counsel appearing for the State has no objections to the submissions aforesaid. Considering the submissions of counsel for the parties, particularly the statements of the applicant, victim and her father, this matter is covered with the ratio of the judgment rendered in 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, thus, the entire criminal proceedings of Sessions Trial No. 571/2025 (State Versus Chotu) arising out of Case Crime No. 390 of 2022, under sections 363, 366, 376(2)(n) of IPC and sections 51 & 6 of the POCSO Act, Police Station-Baundi, District Bahraich are here quashed. Consequences to be followed. The application is allowed accordingly. Consigned to the records. The personal appearance of the applicant, namely, Choatu, opposite party no. 2- Ganga Ram and opposite party no. 3- Gangotri are hereby exempted. September 24, 2025 Mayank A482 No. 8005 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench