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2025 DAILYLAW 42974 (ALL)

RAGHVENDRA @ CHHOTU v. STATE OF U.P. AND 3 OTHERS

NA528/21815/2025 · 2025-08-11

Avnish Saxena

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:136861 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 21815 of 2025 Applicant :- Raghvendra @ Chhotu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhirendra Singh Rajput Counsel for Opposite Party :- G.A.,Praveen Kumar Yadav,Sabhajeet Yadav Hon'ble Avnish Saxena,J. 1. Heard Sri Dhirendra Singh Rajput, learned counsel for the applicant, Sri Sabhajeet Yadav, learned counsel for the opposite party no.4 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 criminal proceedings of Criminal Case No.66 of 2022 (State Vs. Raghvendra @ Chhotu) as well as charge sheet dated 19.06.2022 and summoning order dated 29.06.2022, arising out of Case Crime No.79 of 2022, under Sections 363, 366, 376 I.P.C. and Sections 3/4 POCSO Act, Police Station Jalaun, District Jalaun, pending before the court of learned Incharge Additional District & Sessions Judge/Special Judge (POCSO Act) Jalaun at Orai. 3. The F.I.R. has been lodged by the brother of victim alleging that the applicant has induced his minor sister and took her to Ahmedabad, where she was subjected to rape. 4. The parties have entered into compromise, which is at page nos.124 to 126, duly verified by the court of Incharge Additional District & Sessions Judge/Special Judge (POCSO Act), Jalaun at Orai. Verified in terms of order passed by the coordinate Bench of this Court on 04.07.2025. 5. 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". 6. 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. 7. None appeared for opposite party nos.2 & 3. 8. 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. 9. The application u/s 528 B.N.S.S. is allowed accordingly. Order Date :- 12.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad