HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27002 of 2025 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Pradeep Kumar Tiwari, learned counsel the applicant, Sri Rakesh Kumar Yadav, learned counsel for opposite party no.2 as well as learned A.G.A. for the State. None appeared for opposite party nos. 3 and 4. Perused the record. 2. The instant application under Section 528 B.N.S.S. has been moved with a prayer to quash the entire criminal proceedings of Special Sessions Trial No.125 of 2023 (State Vs. Kapil) as well as charge sheet dated 20.10.2023 and cognizance order dated 07.11.2023, arising out of Case Crime No.508 of 2023, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Bahjoi, District Sambhal, pending before the court of Additional Sessions Judge/Special Judge (POCSO Act), Sambhal at Chandausi. 3. Sri Pradeep Kumar Tiwari, learned counsel for the applicant appears and submits that the applicant and victim,who were having relations, have married. The marriage certificate is annexed at page no.69 of the application. It is, therefore, prayed that the Court may quash the entire proceedings. 4. Sri Rakesh Kumar Yadav, learned counsel appears for opposite party no.2 and files counter affidavit. The same is taken on record. It is mentioned in the counter affidavit that the applicant and victim are residing as husband-wife. He also admits the compromise entered into between the parties. The informant, Sohal Lal has filed affidavit stating therein that he does not want to prosecute the case as the parties have buried their hatchets. 5. Learned A.G.A. is present for the State. Versus Counsel for Applicant(s) : Pradeep Kumar Tiwari Counsel for Opposite Party(s) : G.A., Rakesh Kumar Yadav Kapil .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. The Apex Court 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". 7. 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. 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 is also quashed. 10. The application under Section 528 B.N.S.S. is allowed accordingly. September 4, 2025 MN/- NA528 No. 27002 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad