Neutral Citation No. - 2025:AHC:93811 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 19218 of 2025 Applicant :- Ravi Kant Patel And Another Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Abhishek Singh,Kamla Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicants as well as the learned AGA for the State. 2. The present application has been filed under Section 528 of BNSS, 2023, seeking quashing of the entire proceedings of Special Sessions Trial No. 19 of 2022 titled State v. Kamlesh Patel and Others, arising out of Case Crime No. 172 of 2021, registered under Sections 363, 366, 376, and 504 of the IPC, read with Sections 3 and 4 of the POCSO Act, 2012, pending before the learned Special Judge (POCSO Act), Chandauli. 3. It is submitted by learned counsel for the applicants that applicant no. 1 has been in judicial custody since 17.11.2021, having been apprehended by the police while he was present at a bus stand. Prior to this, an FIR bearing Case Crime No. 172 of 2021 under Sections 363 and 504 IPC was registered on 22.09.2021 at Police Station Saiyad Raja, District Chandauli, at the behest of the father of applicant no. 2. At the time of registration of the FIR, applicant no. 2 was a minor and was consequently placed in the custody of Nari Niketan/Bal Kalyan Samiti, Chandauli. The applicant no. 1 was simultaneously taken into custody and sent to jail. The applicant no. 2 continued to remain in Nari Niketan/Bal Kalyan Samiti, Chandauli until her release on 30.04.2024 upon attaining the age of majority. Since her release, she has been residing with her in-laws. 4. It is further submitted that upon completion of the investigation, a chargesheet was filed against applicant no. 1. Statements of the victim (applicant no. 2) and her father were recorded during the trial. The victim has categorically deposed that she left her parental home voluntarily and performed marriage with applicant no. 1 on 18.10.2020 at Chaharan Chatti Mandir, Ghazipur. She has further deposed in court that they cohabited as husband and wife until the arrest of applicant no. 1. It is also her stand that she was a major at the time of the alleged incident, and that her father has wrongly recorded her date of birth in academic records. 5. This Court, vide order dated 28.05.2025 had directed the Superintendent of District Jail, Varanasi to ensure production of applicant No. 1 and counsel for the applicant No. 2 was also directed to ensure presence of applicant No. 2 before the Court. 6. Pursuant thereto, the applicant Nos.1 and 2 are present before this Court. On Court's query, the applicant No. 2 has stated that she had voluntarily gone with applicant No.1 and wants to live with him as husband and wife. She has further stated that the instant case has been registered by his father based on false and concocted story. 7. On the other hand, learned counsel appearing for the opposite party No. 2 has not disputed the aforesaid facts and has concurred with the statements given by the applicant No. 2 submits that since the dispute between the parties has been settled and opposite party no.2 has no objection, therefore, the proceedings of the aforesaid case pending before the trial court be quashed. 8. I have considered the submissions made by the learned counsel for the parties, statements of the applicants and have gone through the entire record. 9. Since the dispute between the parties has been amicably settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak. 10. In such circumstances, the entire proceedings of Special Sessions Trial No. 19 of 2022 titled State v. Kamlesh Patel and Others, arising out of Case Crime No. 172 of 2021, registered under Sections 363, 366, 376, and 504 of the IPC, read with Sections 3 and 4 of the POCSO Act, 2012, pending before the learned Special Judge (POCSO Act), Chandauli, are hereby quashed. 11. The instant petition stands allowed, accordingly. 12. A copy of this order be sent to the Jail Superintendent of District Jail, Varanasi and Chief Judicial Magistrate, Chandauli for necessary compliance and release of applicant No. 1, Ravikant Patel, in accordance with law. Order Date :- 30.5.2025 Aditya Tripathi Vinod Diwakar, J. Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad