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Neutral Citation No. - 2025:AHC:89179 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 12272 of 2025 Applicant :- Anil Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arvind Prabodh Dubey,Ashok Kumar Giri Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Supplementary affidavit, filed by the learned counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the entire record including the verification report of compromise by the court concerned. 3. This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of Special Trial No. 178 of 2020, titled State v. Anil Kumar, arising out of Case Crime No. 18 of 2020, under Sections 363, 366, 376, 504 IPC and Section 3/4 of POCSO Act, P.S. Vishunpura, District Kushinagar, pending in the Court of Special Judge POCSO Act, Kushinagar at Padrauna. 4. Learned counsel for the applicant submits that the parties have solemnized marriage and from the aforesaid wedlock, a baby child has also born, who is aged about 5 years. It is further submitted that since parties have settled the dispute, opposite party no.2 does not want to proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending. 5. Per contra, learned A.G.A. submits that from perusal of the supplementary affidavit, it is revealed that applicant has
solemnized marriage with the victim/opposite party no.2 and from the said marriage, a child was also born. 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. 6. I have considered the submissions made by the learned counsel for the parties, and have gone through the entire record. 7. 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. 8.
In such circumstances, the entire proceedings of Special Trial No. 178 of 2020, titled State v. Anil Kumar, arising out of Case Crime No. 18 of 2020, under Sections 363, 366, 376, 504 I.P.C. and Section 3/4 of POCSO Act, P.S. Vishunpura, District Kushinagar, pending in the Court of Special Judge POCSO Act, Kushinagar at Padrauna, against the applicants, are hereby quashed. 9. The instant petition stands allowed, accordingly. Order Date :- 26.5.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad