Neutral Citation No. - 2025:AHC:139314 Court No. - 79 Case :- APPLICATION U/S 482 No. - 10689 of 2024 Applicant :- Vijay And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Dubey Counsel for Opposite Party :- Ashish Kumar,G.A. Hon'ble Avnish Saxena,J. 1. Heard Sri Pramod Kumar Dubey, learned counsel for the applicants, Sri Ashish Kumar, learned counsel for the opposite party no.2 and learned A.G.A. for State. 2. The instant application under Section 482 Cr.P.C. has been moved with a prayer to quash the charge sheet dated 21.04.2017, cognizance/summon order dated 27.04.2017 as well as the entire criminal proceeding of Sessions Trial No.822 of 2017 (State Vs. Vijay and another), arising out of Case Crime No.118 of 2016, under Sections 363, 366, 376, 34 I.P.C. and Section 3/4 POCSO Act and 17/18 POCSO Act, Police Station Chauri-Chaura, District Gorakhpur, pending before Special Judge POCSO (3), Gorakhpur. 3. Learned counsel for the applicants submits that the parties have entered into compromise. The F.I.R. has been lodged by the mother of victim. 4. It is by order dated 19.04.2024 passed by the coordinate Bench of this Court, the compromise has been sent for verification. 5. The report dated 03.05.2024 of Additional District and Sessions Judge, (Rape and POCSO)-3, Gorakhpur reveals that the compromise has been verified. 6. Learned counsel for the opposite party no.2 has also filed short counter affidavit annexing the compromise entered into between the parties. It is further submitted that the applicants are husband and wife, married, having children. 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. There is no point in getting the trial continued, when the parties have buried their differences as the star witness would not support the prosecution case. 10. 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. 11. The application u/s 482 Cr.P.C. is allowed accordingly. Order Date :- 14.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad