HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8250 of 2022 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned counsel for the respondent no.3 and learned A.G.A. for the State. 2. This application has been filed with the following prayer:- "To quash the entire criminal proceeding of S.T. No. 1335 of 2022 arising out of Case Crime No. 56 of 2022 u/s 363, 366 I.P.C., Police Station- Lonikatra, District- Barabanki and the charge-sheet dated 31.03.2022 as well as summoning order dated 21.04.2022." 3. On 23.09.2025, following order was passed:- "Heard learned counsel for the applicant, Sri Naveen Mishra, learned counsel appearing for opposite party no. 3 and perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet dated 31.03.2022 in S.T. No. 1335 of 2022; State Vs. Pradum @ Ashis Rawat, arising out of Case Crime No. 56 of 2022, under Section 363, 366 IPC, Police Station Lonikatra, District Barabanki and summoning order dated 21.04.2022 as well as entire proceedings in pursuance thereof. It has been argued by learned counsel for the applicant that the victim was major at the time of incident, as per ossification report and she has performed the marriage with the applicant and there is also one and half years' child from their wedlock. He submits that allowing the criminal proceedings against the applicant would vanish the martial life and peace of the applicant as well as opposite party no. 3 and this will Versus Counsel for Applicant(s) : Gyanoday Shukla, Diwakar Shukla Counsel for Opposite Party(s) : G.A., Naveen Mishra Pradum @ Ashish Kumar Rawat .....Applicant(s) State Of U.P. Thru. Prin.Secy. Home And Othes .....Opposite Party(s) again create trauma for opposite party no. 3/victim, therefore, the criminal proceedings against the applicant may be quashed. Learned counsel appearing for opposite party no. 3/victim has also shown his agreement with the contentions aforesaid. In view of the above-said statements, the applicant, namely, Pradum @ Ashish Kumar Rawat and opposite party no. 3/victim, namely, Shraddha are directed to remain present before this Court on 15th of October, 2025 at 02:15 p.m. List/put up this matter on 15.10.2025 at 02:15 p.m. Till the next date of listing, further proceedings of S.T. No. 1335 of 2022, arising out of Case Crime No. 56 of 2022, under Sections 363, 366 IPC, Police Station Lonikatra, District Barabanki, shall remain stayed." 4. In pursuance of the aforesaid order, the applicant no.1 and the respondent no.3 are present today. 5. Despite service of notice upon the respondent no.2, none appears for him. 6. The respondent no.3 informs that she has entered into marriage with the applicant and presently, they have one male child aged about one and half years, and they are enjoying their matrimonial life. She also informs that the impugned F.I.R. was lodged by her father due to annoyance as he was not ready to accept her relation with the applicant. 7. Learned counsel for the applicant submits that during the course of investigation, the victim's statements were recorded u/s 161 and 164 Cr.P.C., in which, she categorically denied the prosecution story. He further submits that as per radiological examination, the victim was found 18 years old at the time of the incident. He next submits that the applicant and the victim are enjoying their matrimonial life, hence, trial of the case in question would be futile one. 8. Learned counsel for the respondent no.3/victim does not contradict the submissions of the applicant's counsel. He submits that the proceedings against the applicant may be quashed. 9. Learned A.G.A. vehemently opposes the prayer of the applicant. However, he does not dispute the fact that the victim has not supported A482 No. 8250 of 2022 2 the prosecution version in her statements recorded u/s 161 and 164 Cr.P.C.. He also does not dispute the fact that as per radiological age, the victim was found 18 years old at the time of the incident. 10. Considering the submissions of learned counsel for the parties and perusing the statements of the victim recorded u/s 161 & 164 Cr.P.C. as well as other relevant materials, it is evident that as per radiological age, the victim was found major at the time of the incident. The victim has not supported the prosecution version in her statements recorded u/s 161 and 164 Cr.P.C.. The victim has stated before this Court that she is enjoying her matrimonial life with the applicant and out of their wedlock, one male child is born who is aged about one and half years. Therefore, this Court is of the view that the trial in question would be futile one. 11. With the above observations, the application is allowed. The entire criminal proceedings of S.T. No. 1335 of 2022 arising out of Case Crime No. 56 of 2022 u/s 363, 366 I.P.C., Police Station- Lonikatra, District- Barabanki and the charge-sheet dated 31.03.2022 as well as summoning order dated 21.04.2022 are hereby quashed. 12. Office is directed to communicate this order to the trial Court, forthwith. October 15, 2025 Arpan A482 No. 8250 of 2022 3 (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