HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6759 of 2025 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Shashi Dhar Shukla, learned counsel for the applicant, Sri Rajeev Kumar Tiwari, learned counsel for the opposite party no.2 and learned A.G.A. for State. 2. The instant application under Section 528 B.N.S.S. has been moved with a prayer to quash the charge sheet dated 29.10.2024 and cognizance/summoning order dated 4.12.2024 passed by Chief Judicial Magistrate Basti in Case No.3810 of 2024 (State Vs. Ram Gaud) arising out of Case Crime No.190 of 2024 under Sections 376(2) (n), 504, 506 I.P.C., Police Station Nagar, District Basti, pending before the court of Chief Judicial Magistrate, Basti. 3. Sri Shashi Dhar Shukla, learned counsel for applicant submits that applicant and opposite party No.2 have married. The marriage certificate is filed along with the supplementary affidavit today, the same is taken on record. 4. The FIR has been registered by the opposite party No.2 with allegation of rape on false promise of marriage. 5. Sri Rajeev Kumar Tiwari, learned counsel for opposite party No.2 admits the factum of marriage between the applicant and the opposite party No.2. He further submits that the factum of marriage is disclosed in the counter affidavit filed by opposite party No.2 that the applicant and opposite party No.2 have married and living as husband and wife. Versus Counsel for Applicant(s) : Shashi Dhar Shukla Counsel for Opposite Party(s) : G.A. Ram Gaud .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. The parties have solemnized marriage and they are living together as husband and wife. The marriage certificate is at page no.6 Annexure No.SA-1 to the supplementary affidavit. 7. The Apex Court in the case of K. Dhandapani Vs. State by the Inspector of Police (2022 SCC Online SC 1056) has set aside the conviction and sentence of the accused affirmed by the High Court in the matter of POCSO Act considering that the accused and victim are living happily in their married life and held that "This Court cannot shut its eyes to the ground reality and disturb the happy family life of the appellant and the prosecutrix". 8. The Apex Court in another case of Mafat Lal and another Vs. The State of Rajasthan (2022) 6 SCC 589 has quashed the F.I.R. and consequential proceedings of offence U/s 363, 366 I.P.C. considering the marriage of accused and victim. 9. Thus, the charge sheet and the proceeding arose out of case crime number mentioned above is hereby quashed. Consequently, the proceedings of trial also quashed. 10. The application u/s 528 B.N.S.S. is allowed accordingly. September 9, 2025 Md Faisal NA528 No. 6759 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad