Neutral Citation No. - 2025:AHC:100980 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 20215 of 2025 Applicant :- Vishwajeet Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- Deepak Kaushik,G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Ashok Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State, Sri Deepak Kaushik, learned counsel for opposite party no. 2 and perused the record. 2. The instant application has been filed seeking quashing of the charge-sheet dated 09-02-2022, cognizance order dated 11-02- 2022 as well as entire proceedings of S.T. No. 101 of 2022, arising out of case crime no. 10 of 2022, under Sections 363, 376 IPC and 3/4 of POCSO Act, P.S. Kotwali Kalpi, district Jalaun. 3. It is contended that the victim, namely Shivani, was aged more than 17½ years at the time of occurrence and was pursuing B.Sc. 1st year. She voluntarily left her house and solemnized marriage with the applicant at a temple of her own sweet will. This fact is supported by her statements recorded under Sections 161 and 164 Cr.P.C., wherein she categorically denied any force or coercion and affirmed her willingness to reside with the applicant as his wife. After the applicant’s bail, they married again on 24.01.2023 in Arya Samaj Mandir with the consent of family members and have been living as husband and wife for more than two years. Learned counsel for the applicant further submits that since the victim is now major and lawfully married to the applicant and both families have accepted their matrimonial relationship, the continuance of the trial would serve no fruitful purpose and would only amount to abuse of the process of law. It is therefore prayed that the proceedings be quashed in the interest of justice. To buttress his argument, learned counsel for the applicant has placed reliance upon a judgment of this Court in an Application U/S 482 No. 29929 of 2024 (Nayab Ali and 3 Others Vs. State of U.P. and another) decided on 16-01-2025. 4. Learned counsel for opposite party no. 2 has no objection to the quashing of the aforesaid proceedings. 5. Considering the submissions made by the learned counsels for the parties, the age of the victim being more than 17½ years at the time of the incident, the voluntary nature of the relationship as reflected in her statements, the subsequent lawful marriage solemnized between the parties with family consent, the lapse of more than two years during which the victim has been peacefully residing with the applicant, and the fact that opposite party no. 2 has no objection, the Court is of the view that this is a fit case for exercising powers under Section 482 Cr.P.C. 6. Accordingly, the present Criminal Misc. Application under Section 482 Cr.P.C. is allowed. The charge sheet dated 09.02.2022, cognizance order dated 11.02.2022 passed by the Principal Magistrate, Juvenile Justice Board, Jalaun, and the entire proceedings of S.T. No. 101 of 2022 (State of U.P. vs. Vishwajeet Singh), under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, arising out of Case Crime No. 10 of 2022, Police Station Kotwali Kalpi, District Jalaun, pending before the Court of Special Judge (POCSO Act), Jalaun, are hereby quashed. Order Date :- 1.7.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad