Neutral Citation No. - 2025:AHC:136197 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 28159 of 2025 Applicant :- Siddharth Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Roy Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Heard Sri Pankaj Roy, learned counsel for the applicant, Sri Ram Sewak Yadav, learned counsel for the opposite party no.2 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.44 of 2021 (State Vs. Siddharth), arising out of Case Crime No.408 of 2020, under Sections 506, 376(3) I.P.C. and Section 3/4 of POCSO Act & 3(1)(Dha), 3(2)5A of S.C./S.T. Act, Police Station Rohaniya, District Varanasi. 3. Sri Yadav has filed a counter affidavit along with compromise entered into between the applicant and opposite party no.2 along with vakalatnama. 4. 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". 5. 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. 6. 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. 7. 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. 8. The application u/s 528 B.N.S.S. is allowed accordingly. Order Date :- 12.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad