Neutral Citation No. - 2025:AHC:137575 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 23985 of 2025 Applicant :- Sabir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukhtar Alam,Yawar Mukhtar Counsel for Opposite Party :- Ajai Kumar,G.A. Hon'ble Avnish Saxena,J. 1. Heard Sri Mukhtar Alam, learned counsel for the applicant, Sri Ajai Kumar Garg, learned counsel for the opposite party no.2 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 entire proceeding of the Criminal Case No.19470 of 2024 (State Vs. Sabir), arising out of Case Crime No.329 of 2024, under Sections 376, 328, 313, 511, 323 and 506 I.P.C., Police Station Anoopshahar, District Bulandshahar. 3. Sri Mukhtar Alam, learned counsel for the applicant appears and submits that the applicant and opposite party no.2 are major and working together in a Hospital, entered into the relationship and on the pretext of relationship, the accused-applicant has committed rape. It is further contended that the parties have buried their grievances and now does not want to pursue with the case. 4. Sri Ajai Kumar Garg, Advocate appears on behalf of opposite party no.2 and has filed an affidavit annexing the compromise in the shape of affidavit that they have buried their grievances. Both the parties are major and working together. Learned counsel for the opposite party no.2 has conceded that there is compromise between the parties. 5. 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. 6. Even in the cases of POCSO Act, the Apex Court has observed 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". 7. 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. 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 :- 13.8.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad