HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8619 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Short counter affidavit filed today is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. This application has been filed with the following prayer:- "To quash the entire criminal proceeding initiated against the petitioner in pursuance of the impugned charge-sheet dated 06.12.2019 arising out of Case Crime No. 209 of 2019 u/s 363, 366, 376, 506 I.P.C. and 3(2)(v) SC/ST Act and 3/4 P.O.C.S.O. Act, Police Station- Jayas, District- Amethi and summoning order dated 16.07.2020 as well as bailable warrant dated 28.08.2025 passed by Special Judge (P.O.C.S.O. Act), Raebareli in Case No. 497 of 2020." 4. Learned counsel for the applicant submits that the victim was in friendship with the applicant and as her marriage was settled by her parents with someone else, she joined the company of the applicant. The impugned F.I.R. was lodged on the basis of concocted facts. During the course of the investigation, statements of the victim were recorded u/s 161 and 164 Cr.P.C., in which, she denied the prosecution story and stated that she left the house on her own wish and joined the company of the applicant at Jayas Bus Stop and then they went to Mumbai, thereafter, they solemnised marriage in Lucknow after coming back. It is further submitted that in the ossification test, the victim's aged was Versus Counsel for Applicant(s) : Dhananjai Kumar Tripathi Counsel for Opposite Party(s) : G.A. Kamlesh Patel @ Kamlesh Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 4 Others .....Opposite Party(s) found 18 years, but the charge-sheet was submitted by the Investigating Officer without considering all these facts. It is lastly submitted that the applicant and the victim are enjoying their matrimonial life and they have two kids, and the complainant does not want to prosecute the applicant, therefore, the impugned proceedings may be quashed. 5. Learned A.G.A. vehemently opposes the prayer of the applicant. However, he does not dispute the fact that the victim has not supported the prosecution version and she was aged about 18 years as per ossification test. 6. The victim and the complainant are present today. They have been identified by their counsel. 7. The victim states that she is enjoying her matrimonial life with the applicant and requests for quashing of the proceedings. 8. Considering the submissions of learned counsel for the parties and perusing the F.I.R., statements of the victim recorded u/s 161 & 164 Cr.P.C. as well as other relevant materials, it is evident that at the time of the incident as per ossification test, the victim was found 18 years old. The victim has categorically denied the prosecution version stating that she joined the company of the applicant on her own wish and solemnized marriage with him and out of their wedlock, two children were born and she is enjoying her matrimonial life with him. Therefore, this Court is of the view that the prosecution in question would be futile one. 9. With above observations, the instant application is allowed. The entire criminal proceedings initiated against the applicant in pursuance of the impugned charge-sheet dated 06.12.2019 arising out of Case Crime No. 209 of 2019 u/s 363, 366, 376, 506 I.P.C. and 3(2)(v) SC/ST Act and 3/4 P.O.C.S.O. Act, Police Station- Jayas, District- Amethi and summoning order dated 16.07.2020 as well as bailable warrant dated 28.08.2025 passed by Special Judge (P.O.C.S.O. Act), Raebareli in Case No. 497 of 2020 are hereby quashed. October 9, 2025 Arpan A482 No. 8619 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench