GAUTAM v. STATE OF U.P. THRU. SECY. HOME LKO. AND 4 OTHERS
/8289/2025 · 2025-12-02
body2025
DailyLaw.ai
[ 2025 DAILYLAW 172810 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172810 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8289 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard. 2. This application has been filed with the following prayer:-
"To quash the entire criminal proceedings of Session Case No. 500/2021 (State Versus Gautam) arising out of crime no. 404/2020 u/s 363, 366, 376 IPC and section 3/4 POCSO Act, relating to Police Station Sandila, District Hardoi, pending in the court of learned Additional District and Session Judge, Court No.15, Hardoi; to quash the cognizance/summoning order dated 25.03.2021 passed by Special Judge (POCSO Act) Hardoi as well as charge sheet No. 10/2021 dated 06.01.2021 filed by investigating officer in the aforesaid case crime number, contained as Annexure No. 1&2 to this application, on the basis of compromise executed between the applicant and opposite party no.3 (Annexure No.17)."
3. In pursuance of earlier order dated 17.10.2025, the applicant, the victim and the complainant/mother of the victim alongwith Lady Constable- Ms. Sonam Singh, Police Station- Sandila, District- Hardoi are present today before this Court. The victim informs that she is enjoying her matrimonial life with the applicant and she does not want to prosecute him. The complainant has also no objection with regard to quashing of the proceedings. Versus Counsel for Applicant(s) : Arjun Singh Somvanshi Counsel for Opposite Party(s) : G.A., Ramkripal Yadav Gautam .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And 4 Others .....Opposite Party(s)
4. Learned counsel for the applicant submits that the victim and the applicant were in association as she was willing to solemnize marriage with him, but it was not accepted to the complainant and other family members, as a result, she left her house on her own wish and joined the company of the applicant. Thereafter, they entered into marriage. The victim reiterated the version of her statement recorded u/s 161 Cr.P.C. before learned Magistrate, which was recorded u/s 164 Cr.P.C. The charge-sheet was submitted by the Investigating Officer in the mechanical manner. It is further submitted that the victim's radiological age was found as 19 years, but without considering all these materials, the charge-sheet was submitted. The victim is now enjoying her matrimonial life with the applicant. It is next submitted that the victim's pregnancy has earlier been terminated and now she is having pregnancy of seven months.
In this regard, the trial of the case in question is futile one, hence, the entire proceeding may be quashed. 5. Learned counsel for the complainant concedes the submissions of the applicant's counsel and he has no objection with regard to quashing of the proceedings. 6. Learned A.G.A. does not dispute the fact that the victim has not supported the prosecution version and in ossification test, her age was found as 19 years. 7. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that the victim and her mother/complainant have also requested for quashing of the proceedings. The victim is enjoying her matrimonial life with the applicant. The victim has not supported the prosecution version in her statement recorded u/s 161 & 164 Cr.P.C. In the ossification test, the victim's age was found 19 years. In such circumstances, the trial of the case in question is futile one. 8. With above observations, the application is allowed. The entire criminal proceedings of Session Case No. 500/2021 (State Versus Gautam) arising A482 No. 8289 of 2025 2
out of crime no. 404/2020 u/s 363, 366, 376 I.P.C. and Section 3/4 P.O.C.S.O. Act, Police Station- Sandila, District- Hardoi, the cognizance/summoning order dated 25.03.2021 passed by Special Judge (P.O.C.S.O. Act), Hardoi and the charge sheet No. 10/2021 dated 06.01.2021 including entire proceedings in pursuance thereof are hereby quashed. 9. Office is directed to communicate this order to the trial Court, forthwith. December 2, 2025 Arpan A482 No. 8289 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench