HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22726 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Although notices have been served upon opposite party no.4 as reported by the office, but none appeared today to appear in person or through counsel at the behest of opposite party no.4 who had been the informant in the instant matter. 2. Heard learned counsel for the applicant and the learned AGA. 3. The instant application has been preferred with the prayer to quash the impugned charge sheet dated 02.11.2022 submitted against the applicant as well as cognizance order dated 25.11.2022 passed by learned Special Judge, POCSO Act, Bareilly with proceeding of Case No.371 of 2022, arising out of Case Crime No.0512 of 2021, under Sections 366, 363, 376(2) (N) IPC and Section 5I, 5J(ii) and 6 POCSO Act, Police Station Anvla, District Bareilly pending in the court of learned Special Judge POCSO Act/Additional Sessions Judge, Bareilly alongwith the entire proceedings of the aforesaid case. 4. As per the factual narration of the averments, marriage has already been solemnized between applicant and the victim and the same has been registered on dated 22.10.2021 at Bareilly. The relevant certificate of registration of marriage has already been issued by the Registrar (Marriages), Amla District Bareilly. It is also submitted by learned counsel for the applicant that applicant and the victim has already been blessed with a baby namely Sumit whose birth certificate is also appended alongwith Supplementary affidavit preferred on dated 10.8.2025 wherein name of mother mentioned as Kiran with Aadhar number and at the place of name of father it is the name of applicant has been mentioned. Once the marriage has already been solemnized between applicant and victim there is no cause of action available before the prosecution to proceed against the applicant in pursuance to Case Crime No.0512 of 2021 under Sections 366, 363, 376 (2) (N) IPC and Section 5I, 5J(ii) and 6 of POCSO Act. The allegation whatsoever has been put forward against the applicant in the year 2021 cannot be denied but at the same time the factual aspect of marriage solemnized between applicant and the victim has to be considered and the birth certificate issued by Registrar (Marriages) appended alongwith Supplementary affidavit is the ample proof which has not been objected by learned AGA also and as such a happy married couple alongwith child may not be put into criminal litigation which will be in shape of disturbing Versus Counsel for Applicant(s) : Anupam Laloriya, Sushil Chaturvedi Counsel for Opposite Party(s) : G.A. Sachin .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) their peaceful life. 5. In view of aforementioned facts and circumstances,charge sheet dated 02.11.2022 submitted against the applicant as well as cognizance order dated 25.11.2022 passed by learned Special Judge, POCSO Act, Bareilly with proceeding of Case No.371 of 2022, arising out of Case Crime No.0512 of 2021, under Sections 366, 363, 376(2) (N) IPC and Section 5I, 5J(ii) and 6 POCSO Act, Police Station Anvla, District Bareilly pending in the court of learned Special Judge POCSO Act/Additional Sessions Judge, Bareilly alongwith the entire proceedings of the aforesaid case, are hereby set aside. 6. Accordingly, the instant application is allowed. October 6, 2025 Rakesh NA528 No. 22726 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad