Neutral Citation No. - 2025:AHC:122204 Court No. - 79 Case :- APPLICATION U/S 482 No. - 35856 of 2014 Applicant :- Akansha Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- M.K. Singh,Renu Mishra Counsel for Opposite Party :- Ayush Mishra,P.K.Singh,Pramod Kumar Singh Hon'ble Prashant Kumar,J. 1. Heard Sri Sunil Kumar Mishra, learned counsel for applicant/victim, learned A.G.A. for the State-respondent no.1, Sri P.K. Singh, learned counsel for opposite party no.2/accused and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the victim herself for quashing of charge-sheet dated 27.01.2009 and criminal trial initiated in pursuance of Sessions Trial No.1010 of 2011 (State v. Satish Prabhakar), arising out of Case Crime No.1405 of 2008, under Sections 363, 366 IPC, P.S. Kalyanpur, District Kanpur Nagar, pending in the Court of Additional District Judge, Court No.3, Kanpur Nagar. 3. In the instant matter, an F.I.R. was lodged by the victim on 26.12.2008, under Sections 363, 366 IPC, against opposite party no.2/accused alleging that when she was minor and studying in Guru Nanak Model School, Kanpur the opposite parties have allured her maliciously with ulterior motive and fraudulently tortured with threat and illegally detained her. In this matter after investigation, chargesheet was filed on 27.01.2009 and the Court has taken cognizance was taken against the opposite parties. The entire proceeding are under challenge by means of instant application. 4. Learned counsel for the applicant/victim submits that the applicant has become major and solemnized marriage with opposite party no.2 and leading a satisfactory married life, hence, the pending proceedings may adversely hamper her life. On the above conspectus, learned counsel for the applicant submits that criminal prosecution of opposite party no.2 may be quashed as if the criminal prosecution of applicant is allowed to continue, a happy family shall stand broken. 5. Sri P.K. Singh, learned counsel for opposite party nos.2 & 3 submits that the opposite party no.2 has solemnized the marriage with the victim/applicant, and has no objection, in case, the present application is allowed and the entire proceedings are quashed. 6. Learned learned A.G.A. could not dislodge the factual and legal submissions urged by the learned counsel for applicant and learned counsel for opposite party no.2. 7. Heard the submission advanced by learned counsel for the parties and perused the record. 8. It transpires from the record that in the light of marriage having taken place between the applicant/victim and the accused/opposite party no.2 more particularly, has herself filed this application showing that the couple is leading a happy marital life. In the teeth of these facts, glaring enough they are, if the Court would shut its doors to the couple who are married, the entire proceeding would result in miscarriage of justice. As such, no useful purpose shall be served in prolonging the criminal prosecution of accused/opposite party no.2. 9. On account of the facts as noted above, the chances of conviction of accused/opposite party no.2 is now not only remote but also bleak in view of the fact they have solemnized the marriage. As such, in case the criminal prosecution of opposite party no.2 is allowed to continue, a happy family comprising of applicant and opposite party no.2 shall stand broken. 10. At this juncture, reference be made to the judgement of Hon'ble Supreme Court in the case of Dasari Srikanth vs. State of Telangana, 2024 Live Law (SC) 391 wherein the Court has held in para No.8 as under: "8. Since, the appellant and the complainant have married each other, the affirmation of the judgment rendered by the High Court would have the disastrous consequence on the accused appellant being sent to jail which in turn could put his matrimonial relationship with the complainant in danger." 11. The Hon'ble Apex Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, (2019) 5 SCC 688 has laid down principle for quashing the proceeding on the basis of settlement/compromise. 12. The ratio laid down by the Apex Court in aforementioned judgements is squarely applicable to the present case as applicant has solemnized marriage with the accused and compromise has also arrived at between the parties. 13. In view of the aforesaid facts, since the applicant has married the opposite party no.2 and the parties have amicably settled their dispute, the present Application U/S 482 Cr.P.C. is liable to be allowed. 14. Accordingly, the present Application U/S 482 Cr.P.C. is allowed and the charge- sheet dated 27.01.2009 and criminal trial initiated in pursuance of Sessions Trial No.1010 of 2011 (State v. Satish Prabhakar), arising out of Case Crime No.1405 of 2008, under Sections 363, 366 IPC, P.S. Kalyanpur, District Kanpur Nagar, pending in the Court of Additional District Judge, Court No.3, Kanpur Nagar, are hereby quashed. Order Date :- 24.7.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad