HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 4931 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard Sri Shivam Awasthi Advocate holding brief of Sri Sudhir Kumar Rai, Sri Devesh Bahadur Singh, learned counsel for the victim and learned AGA. 2. The instant application has been filed with the following prayer:- "Quash the entire criminal proceedings in Criminal Case No. 230 of 2025 pending before the Additional Session Judge/Special Judge 13 POCSO Act, Unnao arising out of case crime no. 0615 of 2017, under Sections 363, 366, 376 of the IPC and Section 3/4 of the POCSO Act registered at P.S. Kotwali, District Unnao, including the charge-sheet dated 28.07.2017 and the cognizance and summoning order dated 12.02.2025 passed by Additional Session Judge/Special Judge 13 POCSO Act, Unnao" 3. In pursuance of the earlier order, victim as well as the applicant are present before this Court. 4. As the victim categorically stated that she does not want to prosecute the applicant as due to annoyance her father has lodged the FIR of the case in question. 5. Counsel for the applicant submitted that the victim as well as the applicant were willing to solemnize the marriage but the same was not accepted to the parents of the victim and they settled her marriage with some one else as a result she left her house on 28.05.2017 in the afternoon and went to Bangarmau where she met with the applicant and thereafter they went to Delhi and solemnized their marriage in Tis Hazari Court and the marriage was registered on 30.06.2017 and during the course of investigation of the case in question victim appeared and her statement was recorded under Section 161 and 164 CrPC in which she categorically denied the prosecution story and stated that she joint the company of the applicant on her own and entered Versus Counsel for Applicant(s) : Sudhir Kumar Rai Counsel for Opposite Party(s) : G.A., Devesh Bahadur Singh Chotelal @ Chotu .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 4 Others .....Opposite Party(s) into the marriage with him and she also submitted that in the rediological examination, her age was found to be 18 years but without considering all these facts, charge-sheet was submitted by the Investigating Officer against the applicant. He further submitted out of their wedlock, one child was also born on 20.04.2018, namely, Aditya. 6. Learned counsel for the applicant also relied on the judgement of Hon'ble Supreme Court in the case of Mahesh Mukund Patel Vs. State of U.P. and Others reported in 2025 SCC OnLine SC 614. 7. As the petitioner and victim are enjoying their matrimonial life and the complainant also died, therefore, proceeding may be quashed. 8. Learned AGA opposed the prayer of applicant and submitted that charge-sheet was filed by the Investigating Officer but he does not dispute this fact and submitted as per the school certificate at the time of incident, victim was minor but he does not dispute this fact that the victim has not supported the prosecution version in her statement recorded under Section 161 and 164 CrPC and in the radiological examination her age was also found 18 years. 9. Counsel for the victim also conceded the arguments of the learned counsel for the applicant and requested that the proceeding may be quashed as the victim and applicant are enjoying their matrimonial life with child. 10. Considering the submissions of counsel for the parties and going through the contents of the petition as the victim has categorically denied the story of prosecution in her statement recorded under Section 161 and 164 CrPC and as per the rediological examination the age of victim was found to be 18 years and the marriage of victim and applicant was also registered on 30.06.2017 and they are having one child, therefore, the trial of case in question would be a futile one. 11. Accordingly, the proceeding of Criminal Case No. 230 of 2025 State Vs. Chotelal @ Chotu, pending in the Court of Additional Session Judge/Special Judge 13 POCSO Act, Unnao arising out of Case Crime No. 0615 of 2017 under Sections 363, 366, 376 of IPC and Section 3/4 of the POCSO Act, Police Station Kotwali District Unnao, is hereby set-aside. 12. The application is accordingly allowed. 13. Office is directed to communicate this order to the learned Court below concerned forthwith. November 20, 2025 Anurag A482 No. 4931 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench