Neutral Citation No. - 2025:AHC:111757 Court No. - 79 Case :- APPLICATION U/S 482 No. - 31303 of 2009 Applicant :- Pankaj Tiwari @ Arvind Tiwari And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sujeet Kumar,Chhaya Gupta Counsel for Opposite Party :- Govt. Advocate Hon'ble Prashant Kumar,J. 1. Heard Sri Sujeet Kumar, learned counsel for the applicant, Sri Shahsi Dhar Pandey, learned AGA for the State and perused the record. 2. The instant application has been filed seeking quashing of the proceedings of Criminal Case No. 1758 of 2007, (State Vs. Pankaj Tiwari), arising out of case crime no. 160 of 2006, under Sections 363, 366 IPC, P.S. Bhelupur, district Varanasi in terms of compromise. 3. Learned counsel for the applicant submits that the present criminal proceedings are manifestly malicious and amount to abuse of the process of law. It is argued that the F.I.R. dated 15.05.2006, giving rise to Case Crime No.160 of 2006 under Sections 363 and 366 IPC, was lodged by opposite party no.2 with baseless allegations that the applicant no.1 had kidnapped her daughter, Smt. Ragini Pandey. However, the alleged victim herself filed Writ Petition No.7243 of 2006 before this Hon’ble Court and categorically denied the allegations of kidnapping in her statement recorded therein. In view of the dispute regarding age, this Court was pleased to direct a medical examination of the victim, and as per the medical report, her age was opined to be about 19 years at the relevant time, which fact was duly recorded in the order dated 26.09.2006 passed in the said writ petition. 4. It is further submitted that despite the above facts, a charge- sheet was submitted and the matter proceeded as Criminal Case No.1758 of 2007 before the court of Additional Chief Judicial Magistrate-I, Varanasi. However, during the pendency of the said case, a joint affidavit of compromise was filed on 16.05.2017 before this Hon’ble Court, duly signed by opposite party no.2 and the victim, who also appeared before the Court and was identified by her counsel. This fact of amicable settlement and personal appearance was duly recorded in the Court's order dated 16.05.2017. In light of the voluntary statement of the victim, her being a major at the time of the incident, and the mutual settlement between the parties, the continuation of the proceedings would serve no fruitful purpose and would amount to harassment of the applicants. 5. Learned A.G.A. for the State submits that in view of the compromise between the parties and the fact that the victim was a major at the relevant time, he has no objection if the proceedings in the aforesaid criminal case are quashed. 6. Heard learned counsel for the parties. 7. In view of the above facts, including the medical report suggesting the victim was a major at the relevant time, her voluntary statement denying the allegations, and the subsequent compromise between the parties, the continuance of the criminal proceedings would be an abuse of the process of the court. 8. Accordingly, the present application is allowed. The entire proceedings of Criminal Case No. 1758 of 2007, arising out of Case Crime No. 160 of 2006, under Sections 363, 366 IPC, P.S. Bhelupur, District Varanasi, pending before the Additional Chief Judicial Magistrate-II, Varanasi, are hereby quashed. Order Date :- 11.7.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad