HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8677 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Sri Roshan Lal Nishad, Advocate on behalf of the opposite party nos.2 and 3 is taken on record. 2. Heard learned counsel for the applicants and learned A.G.A. for the State. 3. The present application is filed with the prayer to quash the proceedings of Criminal Case No.914 of 2023 arising out of Case Crime No.0238 of 2023 under Sections 323, 363, 366, 376-D I.P.C. and Section 5g/6 POCSO Act, Police Station - Phoolbehad, District - Kheri. 4. Learned counsel for the applicant submits that as per his information, at the time of incident, victim was major and she was willing to solemnize marriage with applicant no.1, Mahesh but the same was not accepted to the family members, as a result, she left her house on her own and joined the company of the applicant no.1. He also submits that on the basis of concocted facts, F.I.R. was lodged by father of the victim and thereafter, her statement was recorded and charge sheet was submitted by the Investigating Officer. He further submits that marriage of the applicant no.1 was solemnized with the victim on 20.4.2024 with the consent of the family members of the parties and as applicant and victim are Versus Counsel for Applicant(s) : Vijay Kumar, Dinesh Kumar Srivastava, Shweta Verma Counsel for Opposite Party(s) : G.A. Mahesh And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 4 Others .....Opposite Party(s) enjoying their matrimonial life and a daughter was also born on 1.6.2025, therefore, trial of the case in question is futile one and impugned proceedings liable to be set aside. 5. Learned counsel for the complainant conceded the submissions of learned counsel for the applicant and submits that victim is enjoying her matrimonial life with the applicant no.1 and complainant as well as victim are also not willing to prosecute the applicants. 6. Learned A.G.A. oppose the prayer of the applicant and submits that victim was minor at the time of incident but he does not dispute the documents annexed with the application that victim has solemnized marriage with the applicant no.1 and they are enjoying their matrimonial life. 7. Considering the submissions of learned counsel for the applicant, learned counsel for the complainant, learned A.G.A., going through the contents of the application as well as verification order of the learned court below, as applicant no.1 has already solemnized marriage with the victim and they are enjoying their matrimonial life with having a kid, therefore, trial of the case in question is futile one. 8. In view of the above, the present application is allowed and impugned proceeding is hereby set aside. October 10, 2025 GauraV/- A482 No. 8677 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench