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Neutral Citation No. - 2025:AHC:89030 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 14333 of 2025 Applicant :- Sahil @ Nanka Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Ramesh Chandra Tiwari Counsel for Opposite Party :- G.A.,Neha Sonker Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant as well as the learned Additional Government Advocate representing the State- respondent. 2. The present application has been filed seeking quashing of the charge-sheet dated 20.08.2024, the cognizance/summoning order dated 30.08.2024 passed by the learned Special Judge, POCSO Act, Prayagraj, the order dated 07.01.2025 whereby the discharge application of the applicant has been rejected, and the order dated 26.03.2025 framing charges against the applicant. The applicant also prays for quashing of the entire proceedings in Special Sessions Trial No. 1934 of 2024 titled State v. Sahil @ Nanka, arising out of Case Crime No. 104 of 2024, under sections 363, 366, and 376 of the I.P.C. and section 3/4 of the POCSO Act, Police Station Khiri, District Prayagraj, pending before the Court of the learned Additional District and Sessions Judge/Special Judge, POCSO Act, Prayagraj. 3. In compliance with the direction of this Court dated 19.05.2025, Ms. Nikita Verma, Sub-Inspector, Police Station Khiri, Commissionerate Prayagraj, has produced the prosecutrix, Safeena, from Nari Niketan, Prayagraj. The applicant Sahil @ Nanka, stated to be the husband of the prosecutrix, and his father
(father-in-law of the prosecutrix) are also present in Court. Statements of the prosecutrix, her husband, and father-in-law have been recorded before this Court. 4. On being examined by the Court, the prosecutrix, Safeena, has stated that she is a major and had voluntarily solemnized marriage with the applicant, Sahil @ Nanka. She further deposed that one child were born out of the said wedlock, and she desires to reside with her husband of her own free will, without any coercion. 5. Learned counsel for the applicant submits that the marriage between the applicant and the prosecutrix was solemnized consensually, and the couple has since been blessed with one child. It is further submitted that the prosecutrix has no objection to the continuation of the present proceedings and seeks quashing of the same in the interest of justice. 6.
Learned A.G.A., while not disputing the factum of marriage and the voluntary nature of the relationship, fairly concedes that, in light of the marital bond between the parties and the birth of child, continuation of the criminal proceedings would serve no useful purpose. 7. Having considered the submissions advanced by both sides, and taking into account the statement of the prosecutrix recorded before this Court, as well as the fact that the applicant has solemnized marriage with the prosecutrix and one child born out of their wedlock, this Court finds it to be a fit case for exercise of inherent powers under Section 482 Cr.P.C.
8. Considering the fact that the applicant has solemnized marriage with the prosecutrix, and keeping in view the judgment of Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303 and Narinder Singh v. State of Punjab (2014) 6 SCC 466,
wherein it has been held that criminal proceedings arising out of matrimonial disputes or similar cases can be quashed if the parties have resolved their differences amicably, this Court finds it appropriate to exercise its inherent powers under Section 482 Cr.P.C.
9. In view of the aforesaid facts and in the interest of justice, the charge-sheet dated 20.08.2024, the summoning order dated 30.08.2024 as well as the entire proceedings in Special Sessions Trial No. 1934 of 2024 State v. Sahil @ Nanka, arising out of Case Crime No. 104 of 2024, under Sections 363, 366, and 376 IPC and Section 3/4 of the POCSO Act, Police Station Khiri, District Allahabad, pending before the Court of learned Additional District and Sessions Judge/Special Judge, POCSO Act, Prayagraj, are hereby quashed. 10. The application under Section 482 Cr.P.C. is accordingly allowed. 11. In light of the voluntary statement of the prosecutrix recorded in Court, in which she has expressed a desire to reside with her husband, Sub-Inspector Ms.
Nikita Verma (PNO No. 231232498), Police Station Khiri, Commissionerate Prayagraj, who produced the prosecutrix before this Court, is directed to release her forthwith, permitting her to go with her husband and father-in-law. Order Date :- 26.5.2025 Shafique Vinod Diwakar, J. Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad