High Court · 2025

the parties that they do not propose to file any affidavits and the application be decided on the basis of the documents available on record. With the consent of the parties, the application is being decided at the fresh stage.

4. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of case No.22 of 2020, (State Vs Akash and others), under section 376, 420, 506 of IPC and Section 3/4 of POCSO Act, Police Station Bhawanpur, District Meerut pending in the court of Special Judge (POCSO Act), Meerut.

5. Learned counsel for the applicant has submitted that earlier a first information report No. 397 of 2020, under Section 376, 420, 506 of IPC stood lodged against the applicant and co- accused persons namely, Sahil and Smt. Mukesh with an allegation that the applicant assured the opposite party no. 2 to arrange for an employment in the Police Department and, thereafter, on the pretext that he would marry the opposite party no. 2 entered into physical relationship, pursuant whereto the opposite party no. 2 became pregnant and when the pressure was exerted upon the applicant by the opposite party no. 2 for solemnization of the marriage then on account of the pressure of the applicant herein, the opposite party No. 2 had to suffer miscarriage. Post lodging of the first information report, the investigation stood triggered and a statement under Section 164 of the Cr.P.C. of the victim/ opposite party No. 2 was recorded on 07.12.2020, wherein it was deposed that applicant solemnized marriage with the opposite party no. 2. in one of the temples near the District Court in presence of certain persons in the month of October, 2020. However, after two or three days, she was thrown away from matrimonial house when she was two months pregnant. Since the opposite party No. 2 was not treated as a wife and she was thrown away from his house proceedings stood initiated under Sections 376, 420, 506 of IPC and Section 3/4 of POCSO Act. The applicant was summoned on 30.09.2021 by the Court of Additional Sessions Judge/ Special Judge Ananya Nyayalaya POCSO Act, Meerut,under Sections 376, 420, 506 of IPC and Section 3/4 of POCSO Act.

6. The application U/S 482 No. 1719 of 2022 so preferred by the applicant came to be dismissed on 07.02.2022 on the ground that after leaving the opposite party no. 2, the applicant solemnized married with some other lady on 01.09.2020. Another application came to be preferred by the applicant being Application U/S 482 No. 18248 of 2023 which was also dismissed on 17.05.2023 being a second application.

7. Learned counsel for the applicant has now submitted that Yamini Singh who happened to be the wife of the applicant had instituted proceedings under Section 12(1)C of the Hindu Marriage Act before the Court of Principal Judge, Family Court, Meerut in Case No. 1840 of 2020, wherein the marriage stood solemnized on 13.08.2020 has been declared null and void. Further while inviting attention towards page 12 of the paper book, reference whereof has been made in para 16 of the application, the marriage of the applicant with the opposite party no. 2 held on 27.02.2020 has been registered by the Registrar of Marriage on 07.03.2022. Further while drawing attention towards para 18, Annexure-19 at page 52/53 of the paper book, it is contended that a male child was also born on

08.12.2024. It is also submitted that the opposite party no. 2 and the applicant has entered into compromise on 16.03.2024 and the same has been filed before the court below (Annexure- 4 at page 55 of the paper book), reference whereof is at para 19.

8. Prayer, thus, made is that a direction be issued to the court below to verify the compromise and till verification is done, protection be accorded to the applicant.

9. Shri Rajesh Mishra, counsel for the opposite party No. 2 has invited attention towards the short counter affidavit of the opposite party No.2 which has been sworn by her, wherein in para 3, it has been asserted that the marriage of complainant with the applicant has been solemnized on 27.02.2022 and with the said wedlock, a male child was born on 08.12.2024 and in para 3, 4, 5, 6 and 7, it has been asserted as under: "3. That it is relevant to mention here that the complainant and applicant solemnized marriage on 27.02.2022 and with the wedlock of applicant and complainant a male child was also born on 08.12.2024.

4. That now the applicants and deponent were entered into compromise and the deponent does not want to carry on the proceedings of the present case.

5. That the deponent and applicants have decided to resolve their dispute and settled it amicably and agreed to withdraw the present proceedings.

6. That there is no dispute remains between the parties and they do not want to proceed further in the present case.

7. That now no useful purpose will be served to allow continuing the present proceeding of the case."

10. Learned AGA submits that in view of the fact that the parties have become husband and wife and blessed with a child, thus, a direction be issued to the court below to verify the compromise.

11. I have heard learned counsel for the parties and gone through the records carefully.

12. Looking into the fact that the applicant and opposite party no. 2 have solemnized marriage on 27.02.2022 which has been registered on 07.03.2022 and they are living together and a male child had been born on 08.12.2024, thus, respectively following judgment of the Hon'ble Apex Court in K Dhandapani v. State by the Inspector of Police; 2022 LawSuit (SC) 1129, Mahesh Mukund Patel v. State of U.P. and others; Criminal Appeal No. 1005 of 2025, decided on 28.02.2025, a decision of this court in Fakre Alam v. State of U.P. and 3 others; 2023 LawSuit (All) 929 and looking into the entire facts and the situation in the background of the fact, already the marriage has been solemnized between the opposite party no. 2 and applicant, they are living happily and they have been blessed with a child. A direction is being issued to the court below to verify the compromise application.

14. The application is being decided in the following terms: (a) The applicant (party) shall file a self-attested copy of the present application along with the counter affidavit filed by the opposite party no.2, original copy of the compromise before the Court of Special Judge (POCSO Act), Meerut by 30.05.2025. (b) The court below shall undertake the exercise of verifying the compromise so entered into between the parties after putting to notice the parties. (c) The court below shall also make an inquiry regarding genuineness of the marriage certificate of the applicant and the opposite party no.2 and the birth certificate of the male child and after satisfying itself verify the compromise.

15. The said exercise be undertaken within a period of four months from the date of the production of the certified copy of the order by either of the parties.

16. Till the disposal of the compromise application, no coercive action shall be taken against the applicant in pursuance of case No.22 of 2020, (State Vs Akash and others), under section 376, 420, 506 of IPC and Section 3/4 of POCSO Act, Police Station Bhawanpur, District Meerut pending in the court of Special Judge (POCSO Act), Meerut.

17. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench.

18. It is always open for the applicant to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 12.5.2025 A. Prajapati ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

the parties that they do not propose to file any affidavits and the application be decided on the basis of the documents available on record. With the consent of the parties, the application is being decided at the fresh stage.

4. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of case No.22 of 2020, (State Vs Akash and others), under section 376, 420, 506 of IPC and Section 3/4 of POCSO Act, Police Station Bhawanpur, District Meerut pending in the court of Special Judge (POCSO Act), Meerut.

5. Learned counsel for the applicant has submitted that earlier a first information report No. 397 of 2020, under Section 376, 420, 506 of IPC stood lodged against the applicant and co- accused persons namely, Sahil and Smt. Mukesh with an allegation that the applicant assured the opposite party no. 2 to arrange for an employment in the Police Department and, thereafter, on the pretext that he would marry the opposite party no. 2 entered into physical relationship, pursuant whereto the opposite party no. 2 became pregnant and when the pressure was exerted upon the applicant by the opposite party no. 2 for solemnization of the marriage then on account of the pressure of the applicant herein, the opposite party No. 2 had to suffer miscarriage. Post lodging of the first information report, the investigation stood triggered and a statement under Section 164 of the Cr.P.C. of the victim/ opposite party No. 2 was recorded on 07.12.2020, wherein it was deposed that applicant solemnized marriage with the opposite party no. 2. in one of the temples near the District Court in presence of certain persons in the month of October, 2020. However, after two or three days, she was thrown away from matrimonial house when she was two months pregnant. Since the opposite party No. 2 was not treated as a wife and she was thrown away from his house proceedings stood initiated under Sections 376, 420, 506 of IPC and Section 3/4 of POCSO Act. The applicant was summoned on 30.09.2021 by the Court of Additional Sessions Judge/ Special Judge Ananya Nyayalaya POCSO Act, Meerut,under Sections 376, 420, 506 of IPC and Section 3/4 of POCSO Act.

6. The application U/S 482 No. 1719 of 2022 so preferred by the applicant came to be dismissed on 07.02.2022 on the ground that after leaving the opposite party no. 2, the applicant solemnized married with some other lady on 01.09.2020. Another application came to be preferred by the applicant being Application U/S 482 No. 18248 of 2023 which was also dismissed on 17.05.2023 being a second application.

7. Learned counsel for the applicant has now submitted that Yamini Singh who happened to be the wife of the applicant had instituted proceedings under Section 12(1)C of the Hindu Marriage Act before the Court of Principal Judge, Family Court, Meerut in Case No. 1840 of 2020, wherein the marriage stood solemnized on 13.08.2020 has been declared null and void. Further while inviting attention towards page 12 of the paper book, reference whereof has been made in para 16 of the application, the marriage of the applicant with the opposite party no. 2 held on 27.02.2020 has been registered by the Registrar of Marriage on 07.03.2022. Further while drawing attention towards para 18, Annexure-19 at page 52/53 of the paper book, it is contended that a male child was also born on

08.12.2024. It is also submitted that the opposite party no. 2 and the applicant has entered into compromise on 16.03.2024 and the same has been filed before the court below (Annexure- 4 at page 55 of the paper book), reference whereof is at para 19.

8. Prayer, thus, made is that a direction be issued to the court below to verify the compromise and till verification is done, protection be accorded to the applicant.

9. Shri Rajesh Mishra, counsel for the opposite party No. 2 has invited attention towards the short counter affidavit of the opposite party No.2 which has been sworn by her, wherein in para 3, it has been asserted that the marriage of complainant with the applicant has been solemnized on 27.02.2022 and with the said wedlock, a male child was born on 08.12.2024 and in para 3, 4, 5, 6 and 7, it has been asserted as under: "3. That it is relevant to mention here that the complainant and applicant solemnized marriage on 27.02.2022 and with the wedlock of applicant and complainant a male child was also born on 08.12.2024.

4. That now the applicants and deponent were entered into compromise and the deponent does not want to carry on the proceedings of the present case.

5. That the deponent and applicants have decided to resolve their dispute and settled it amicably and agreed to withdraw the present proceedings.

6. That there is no dispute remains between the parties and they do not want to proceed further in the present case.

7. That now no useful purpose will be served to allow continuing the present proceeding of the case."

10. Learned AGA submits that in view of the fact that the parties have become husband and wife and blessed with a child, thus, a direction be issued to the court below to verify the compromise.

11. I have heard learned counsel for the parties and gone through the records carefully.

12. Looking into the fact that the applicant and opposite party no. 2 have solemnized marriage on 27.02.2022 which has been registered on 07.03.2022 and they are living together and a male child had been born on 08.12.2024, thus, respectively following judgment of the Hon'ble Apex Court in K Dhandapani v. State by the Inspector of Police; 2022 LawSuit (SC) 1129, Mahesh Mukund Patel v. State of U.P. and others; Criminal Appeal No. 1005 of 2025, decided on 28.02.2025, a decision of this court in Fakre Alam v. State of U.P. and 3 others; 2023 LawSuit (All) 929 and looking into the entire facts and the situation in the background of the fact, already the marriage has been solemnized between the opposite party no. 2 and applicant, they are living happily and they have been blessed with a child. A direction is being issued to the court below to verify the compromise application.

14. The application is being decided in the following terms: (a) The applicant (party) shall file a self-attested copy of the present application along with the counter affidavit filed by the opposite party no.2, original copy of the compromise before the Court of Special Judge (POCSO Act), Meerut by 30.05.2025. (b) The court below shall undertake the exercise of verifying the compromise so entered into between the parties after putting to notice the parties. (c) The court below shall also make an inquiry regarding genuineness of the marriage certificate of the applicant and the opposite party no.2 and the birth certificate of the male child and after satisfying itself verify the compromise.

15. The said exercise be undertaken within a period of four months from the date of the production of the certified copy of the order by either of the parties.

16. Till the disposal of the compromise application, no coercive action shall be taken against the applicant in pursuance of case No.22 of 2020, (State Vs Akash and others), under section 376, 420, 506 of IPC and Section 3/4 of POCSO Act, Police Station Bhawanpur, District Meerut pending in the court of Special Judge (POCSO Act), Meerut.

17. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench.

18. It is always open for the applicant to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 12.5.2025 A. Prajapati ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad