HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23227 of 2025 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. Supplementary affidavit filed by learned counsel for the applicant today in the Court, the same is taken on record. 2. Heard Sri Sukesh Kumar, learned counsel for the applicant, Sri Jitendra Singh, learned Advocate holding the brief on behalf of opposite party nos.2 and learned A.G.A. for State. 3. The instant application under Section 528 B.N.S.S. has been moved with a prayer to quash the entire proceeding of the Special Sessions Trial No. 2272 of 2023 (State Vs. Shakib), arising out of Case Crime No.368 of 2023, under Sections 363, 366 and 376 IPC and Section 3/4 POCSO Act, Police Station Syohara, District Bijnor. 4. Sri Kumar submits that the applicant and victim, who were having relations and have married having children. The 'Nikahnama' is at page 54 of the application. The certificate of registration of marriage is at page 56. There is compromise between the parties. The affidavit is at page 45. 5. Sri Singh admits that the compromise between the parties. 6. Learned AGA is present for the State-opposite party no.1. 7. None appears on behalf of opposite party nos. 4 and 5. 8. By order dated 11.07.2025, this Court has sent the compromise entered into between the parties for verification to the trial court. 9. The trial court by letter dated 30.07.2025 has intimated the High Court that the compromise entered into between the parties is verified. 10. 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 Versus Counsel for Applicant(s) : Sukesh Kumar Counsel for Opposite Party(s) : G.A., Jitendra Singh Shakib .....Applicant(s) State Of U.P. And 4 Others .....Opposite Party(s) marriage of accused and victim. 11. 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". 12. 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. 13. 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. 14. The application u/s 528 B.N.S.S. is allowed accordingly. September 4, 2025 Abhishek Sri. NA528 No. 23227 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad