Neutral Citation No. - 2025:AHC:137553 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 23939 of 2025 Applicant :- Satya Prakash Alias Chandan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Heard Sri Dharmendra Pratap Singh, learned counsel for the applicant and learned A.G.A. for State. 2. The instant application under Section 528 B.N.S.S. has been moved with a prayer to quash the entire proceeding of the S.T. No.456 of 2018 (State Vs. Satya Prakash), arising out of Case Crime No.86 of 2018, under Sections 376, 511, 354B, 323, 504 and 506 I.P.C., Police Station Nawabganj, District Kanpur Nagar. 3. Sri Dharmendra Pratap Singh, learned counsel for the applicant appears and submits that the applicant has been falsely implicated by the opposite party no.2 by way of FIR alleging the rape. The applicant is in relation with opposite party no.2, who was widow. Both the parties have settled their grievances. 4. Sri Awadh Bihari Pandey, Advocate appears on behalf of opposite party no.2 and has filed a short counter affidavit annexing the compromise deed entered into between the applicant and opposite party no.2 along with vakalatnama. Learned counsel for the opposite party no.2 has conceded that there is compromise between the parties. 5. The FIR dated 27.04.2018 reveals that the incident dated 16.11.2017 wherein the allegation as such that after the death of husband of opposite party no.2 in the year 2010, there was some dispute with the in-laws. The applicant is son-in-law of the aunt of opposite party no.2 started coming in her house and committed rape on her, though he was already married at that time. 6. 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. 7. 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". 8. 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. 9. 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. 10. The application u/s 528 B.N.S.S. is allowed accordingly. Order Date :- 13.8.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad