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2025 DAILYLAW 203604 (ALL)

VIVEK MAURYA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 4 OTHERS

/8720/2025 · 2025-10-13

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8720 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Short counter affidavit along with Vakalatnama filed by Sri Harish Pandey, Advocate on behalf of the respondent nos.2 and 3 is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State and learned counsel for the respondent nos.2 and 3. 3. This application has been filed with the following prayer:- "To quash the entire criminal proceeding of case crime No. 351/2023 bearing POCSO Case No. 292 of 2024 titled as "State Versus Vivek Maurya" along with impugned Charge-sheet dated 25-04-2024 under Section 363,366 and 376 of 1.P.C. and 3/4 of POCSO Act, and as well as consequential impugned criminal proceeding arising out from F.I.R. No. 351/2023 dated 17-11-2023, under Section 363 of Indian Penal Code, 1860 and 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station:- Jalalpur, District:-Ambedkar Nagar, Uttar Pradesh as contained in Annexure No.01. to this application." 4. Learned counsel for the applicant submits that the applicant and the victim were in affairs. The victim was willing to solemnize marriage with the applicant, as a result, she left her house on her own wish and joined the company of the applicant. Due to annoyance, on the basis of the concocted facts, the impugned F.I.R. was lodged by the complainant. Versus Counsel for Applicant(s) : Vijay Kumar Pandey, Juli Rastogi, Sagun Chandra Rastogi Counsel for Opposite Party(s) : G.A. Vivek Maurya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 4 Others .....Opposite Party(s) It is further submitted 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, even then, the charge-sheet was submitted by the Investigating Officer. After framing of charge, the trial was proceeded and the victim was examined before learned trial Court where she again denied the prosecution story and she was declared hostile. The other witnesses have also not supported the prosecution version. It is next submitted that a compromise has been executed between the parties. The applicant and the victim entered into marriage on 11.07.2024 and they are now enjoying their matrimonial life. The victim is now major in age and the trial in question would be futile one, hence, the impugned proceeding may be quashed. In support of his submissions, learned counsel for the applicant has placed reliance on the judgment of Hon'ble Supreme Court in the case of K. Dhandapani Vs. State by the Inspector of Police reported in 2022 SCC OnLine SC 1056. 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. 6. Learned counsel for the complainant also concedes the submissions of learned counsel for the applicant. He submits that the victim is now enjoying her matrimonial life with the applicant, hence, the impugned proceedings may be quashed. 7. 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 her deposition recorded before the trial Court, it is evident that the victim has not supported the prosecution version. Admittedly, the victim and the applicant has entered into marriage and they are now enjoying their matrimonial life. Therefore, the trial in question would be futile one. 8. With above observations, this application is allowed. The entire criminal proceedings of Case Crime No. 351/2023, Case No. 292 of 2024 A482 No. 8720 of 2025 2 titled as "State Versus Vivek Maurya" along with impugned charge-sheet dated 25.04.2024 under Sections 363, 366 and 376 of 1.P.C. and 3/4 of P.O.C.S.O. Act as well as consequential impugned criminal proceedings arising out of F.I.R. No. 351/2023 dated 17.11.2023, under Section 363 of Indian Penal Code, 1860 and 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station- Jalalpur, District-Ambedkar Nagar, Uttar Pradesh are hereby quashed. 9. Office is directed to communicate this order to the trial Court, forthwith. October 13, 2025 Arpan A482 No. 8720 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench