HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8611 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the proceedings of Session Case No.545 of 2022, Case Crime No.0082 of 2022 under Sections 363, 366, 376 I.P.C., and Section 3/4 POCSO Act, Police Station Fatehpur, District Barabanki. 3. In pursuance of order dated 17.10.2025, applicant and victim alongwith child are present before this Court. 4. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. He further submits that applicant and victim were in friendship and were willing to solemnize marriage but it was not accepted to the family members of the victim, as a result, she ran away from her house on her own, thereafter, F.I.R. of the case in question was lodged by the complainant/brother of the victim on the basis of concocted facts. He further submits that during the course of investigation, statement of the victim were recorded under Sections 161 as well as 164 Cr.P.C., in which, she categorically denied the prosecution story and stated that she is willing to live with the applicant and in her ossification test, her age found 19 years but in the most mechanical manner she was sent to Versus Counsel for Applicant(s) : Virendra Kumar Shukla Counsel for Opposite Party(s) : G.A. Dharmendra Kumar .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) Nari Niketan. He also submits as victim and applicant are enjoying their matrimonial life and they are having a son aged about 2 year, therefore, trial of the case in question is futile one and liable to be quashed. 5. Learned A.G.A. opposes the prayer of the applicant and submits that charge sheet was submitted by the Investigating Officer but he does not dispute the fact that victim has not supported the prosecution story in her statements recorded under Section 161 as well as 164 Cr.P.C. and in the ossification test, her age found 19 years. 6. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents including the statement of the victim recorded under Section 161 as well as 164 Cr.P.C., it is evident that victim and applicant are enjoying their matrimonial life and they are having a son of aged about 2 years, therefore, this Court is of the view that trial of the case in question is futile one and liable to be set aside. 7. In view of the above, the present application is allowed and impugned proceedings are hereby set aside. November 26, 2025 GauraV/- A482 No. 8611 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench