Neutral Citation No. - 2025:AHC:93861 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 12435 of 2025 Applicant :- Rahul Rajbhar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Adya Prasad Tewari Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant as well as the learned AGA for the State. 2. The present application has been filed under Section 528 of BNSS, 2023, seeking quashing of the entire proceedings of Special Sessions Trial No. 379 of 2024, arising out of Case Crime No. 304 of 2023, titled State v. Rahul Rajbhar, registered under Sections 363, 366, 376 of the IPC, read with Sections 5 and 6 of the POCSO Act, 2012, Police Station Khajni, District Gorakhpur, pending before the court of Additional District Judge/Special Judge (POCSO Act), Court No. 1, Gorakhpur. 3. Learned counsel for the applicant submits that the applicant had solemnized marriage with the victim at Jaunpur on 03.08.2023 and has been blessed with a boy, Raunak. He further states the instant case has been registered at the behest of her mother-in-law based on false and concocted story. He further states that the victim/opposite party No. 2 has been residing at his house. He wants to live with her as husband and wife. 4. This Court, vide order dated 28.05.2025 had directed the Jail Superintendent, Gorakhpur to ensure presence of applicant before this Court. Victim/opposite party No. 2 was also directed to appear before this Court. 5. Pursuant thereto, the applicant and opposite party No. 2 are present before this Court. 6. On Court's query, the opposite party No. 2 has stated that she had solemnized marriage with applicant in 2023 and has been blessed with a boy, Raunak. She further states the instant case has been registered at the behest of her mother based on false and concocted story. She further states that she wants to live with him as husband and wife. 7. Per contra, learned A.G.A. submits that since the dispute between the parties has been settled and opposite party no.2 has no objection, therefore, the proceedings of the aforesaid case pending before the trial court be quashed. 8. I have considered the submissions made by the learned counsel for the parties, statements of the applicants and have gone through the entire record. 9. Since the dispute between the parties has been amicably settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak. 10. In such circumstances, the entire proceedings of Special Sessions Trial No. 379 of 2024, arising out of Case Crime No. 304 of 2023, titled State v. Rahul Rajbhar, registered under Sections 363, 366, 376 of the IPC, read with Sections 5 and 6 of the POCSO Act, 2012, Police Station Khajni, District Gorakhpur, pending before the court of Additional District Judge/Special Judge (POCSO Act), Court No. 1, Gorakhpur, are hereby quashed. 11. The instant petition stands allowed, accordingly. 12. A copy of this order be sent to the concerned Jail Superintendent of District Jail and Chief Judicial Magistrate, Gorakhpur for necessary compliance and release of applicant, Rahul Rajbhar, in accordance with law. Order Date :- 30.5.2025 Aditya Tripathi Vinod Diwakar, J. Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad