HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24048 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 Ms. Vijeta Kushwaha, learned counsel for the applicant, Ms. Swapnil, learned counsel for the 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 Case No. 4901 of 2024 (State Vs. Gautam Bharti), arising out of Case Crime No.8 of 2024, under Sections 328, 376 and 506 IPC, Police Station Medical, District Meerut. 4. Ms. Kushwaha submits that there is compromise between the applicant and opposite party no.2. The FIR has been registered by opposite party no.2 against the applicant for the offence of rape on false promise of marriage. The applicant and opposite party no.2 are married. The marriage registration certificate is at page no. 82 of the affidavit accompanying the application. 5. Ms. Swapnil, admits the factum of compromise between the parties and submits that the applicant and opposite party no.2 are residing as husband and wife. 6. Learned AGA is present for the State-opposite party no.1. Versus Counsel for Applicant(s) : Mahendra Kumar Yadav, Vijeta Kushwaha Counsel for Opposite Party(s) : Swapnil, G.A. Gautam Bharti .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. By order dated 10.07.2025, 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 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. 24048 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad