State v. Shani Kumar and State vs Sheela, arising out of Case sections Crime No

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 09/2024, Instant application under section 482 Cr.P.C./528 of the B.N.S.S., 2023, has been filed with the prayer to quash the entire proceedings on the basis of compromise deed dated 19-07-2025 of POCSO Case No. 291 of 2024 and 19/2025, State Vs Shani Kumar and State Vs Sheela, arising out of Case sections Crime No. 363,366,368,376 of I.P.C. and section 3/4 of the Protection of Children From Sexual Offence Act, 2012, relating to Police Station-Katka, District- Ambedkar Nagar, pending before the court of learned Additional Judge/Special Judge(POCSO Act), Ambedkar Nagar as well as the impugned chargesheet no. 01 dated 27-03-2024 and the impugned chargesheet no. 02 dated 09- 12-2024 submitted by the Investigating OfÏcer against the petitioner in aforesaid case crime and impugned summoning orders dated 28-05-2024 and 09-01-2025, passed by the learned Special Judge(POCSO Act), Ambedkar Nagar. Sessions On 14-08-2025, the following order was passed :- "Vakalatnama filed by Sri Pradeep Kumar Shukla, learned counsel on behalf of the opposite party nos. 2 and 3 is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Pradeep Kumar Shukla, learned counsel for the opposite party nos. 2 and 3 and perused the record. Instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings on the basis of compromise deed dated 19.7.2025 of POCSO Case No.291 of 2024 and 19 of 2025, State Vs. Shani Kumar and State Vs. Sheela, arising out of Case Crime No.09 of 2024, under Sections 363, 366, 368, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offence Act, 2012 relating to Police Station Katka, District Ambedkar Nagar, pending before the court of Additional Sessions Judge/Special Judge (POCSO Act), Ambedkar Nagar as well as impugned charge sheet no.01 dated 27.3.2024 and impugned charge sheet no.02 dated 09.12.2024 submitted by the Investigating OfÏcer against the applicant in aforesaid case crime number and impugned summoning orders dated 28.5.2024 & 9.1.2025 passed by the learned Special Judge (POCSO Act), Ambedkar Nagar in respect of the applicants only. It is argued by the learned counsel for the applicants that an F.I.R. was lodged by the opposite party no.2 against the applicants whereby alleging that the victim, who was minor then, had been taken away from lawful custody of the parents and thereafter rape was committed upon her though there is no truthfulness in the same and the allegations have been levelled to put seriousness in the criminal proceedings. He submits that the F.I.R. was lodged on 15.1.2024 and the applicant no.1 Shani Kumar performed marriage with the alleged victim on 28.3.2024 and since then, they are living as husband and wife and there is one year child from their wedlock. He added that the age of the victim is stated to be 17 years in the F.I.R. whereas in the family register, the age is recorded as 18 years and, as such, the applicant was major at the time of alleged incident and she had gone away with her own sweet will and performed marriage with the applicant no.1. He also submitted that now the informant has also agreed with the relationship of the applicant no.1 and the alleged victim and, as such, the parties sat together and have settled their dispute by way of compromise deed dated 19.7.2025 which is appended along with this application. While adding his arguments, he submits that now the dispute is settled, the applicant no.1 and the alleged victim are living peacefully and they are happy with their marriage, as such, allowing further criminal proceedings would amount to harassment and abuse of process of law as there could be no intent of law so as to create hurdle in relationship of husband and wife. Thus, submission is that criminal proceedings against the applicants may be quashed. Learned counsel appearing for the opposite party nos. 2 and 3 have also supported the version of the learned counsel for the applicants and submitted that the parties have settled their dispute amicably and the alleged victim, who was major at the time of incident has performed marriage with the applicant no.1 and there is one child from their wedlock, therefore criminal proceedings against the applicants may be dropped. Learned A.G.A. has opposed the contention aforesaid on merit but he could not dispute the fact that in the family register, age of the victim was recorded as 18 years and the applicant no.1 and the victim have performed marriage and there is a child of one year from their wedlock. In view of the aforesaid submissions, the applicant no.1 and opposite party nos. 2 and 3 are directed to remain present before this Court on 21.8.2025 at 2.15 pm. The ofÏce is directed to print name of Sri Pradeep Kumar Shukla, as counsel for the opposite party in the cause list when the case is listed next. Until further orders, criminal proceedings against the applicants in Case No.291 of 2024 and 19 of 2025, State Vs. Shani Kumar and State Vs. Sheela, arising out of Case Crime No.09 of 2024, under Sections 363, 366, 368, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offence Act, 2012 relating to Police Station Katka, District Ambedkar Nagar shall remain stayed." In compliance of the order aforesaid, the complainant, Babu Lal and the alleged victim namely, Archana, are present in person before this court. On query being asked, the complainant submits that on instance of some person of the village, he has lodged the first information report and he does not want to press the prosecution. The alleged victim submitted that she is major and has performed marriage with the applicant and there is one year old child from their wedlock and she and the applicant, are living as wife and husband peacefully. Learned counsel appearing for the complainant submits that the criminal prosecution against the applicants may be dropped. Learned counsel appearing for the State has no objection. Considering the submissions of learned counsel for the parties and particularly, the statements of the complainant as well as the alleged victim, the criminal proceedings arising out of Case Crime No. 09/2024, under sections 363,366,368,376 of I.P.C. and section 3/4 of the Protection of Children From Sexual Offence Act, 2012, relating to Police Station-Katka, District-Ambedkar Nagar, are hereby quashed. The application is allowed accordingly. Consigned to record. Order Date :- 21.8.2025 AKS ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 09/2024, Instant application under section 482 Cr.P.C./528 of the B.N.S.S., 2023, has been filed with the prayer to quash the entire proceedings on the basis of compromise deed dated 19-07-2025 of POCSO Case No. 291 of 2024 and 19/2025, State Vs Shani Kumar and State Vs Sheela, arising out of Case sections Crime No. 363,366,368,376 of I.P.C. and section 3/4 of the Protection of Children From Sexual Offence Act, 2012, relating to Police Station-Katka, District- Ambedkar Nagar, pending before the court of learned Additional Judge/Special Judge(POCSO Act), Ambedkar Nagar as well as the impugned chargesheet no. 01 dated 27-03-2024 and the impugned chargesheet no. 02 dated 09- 12-2024 submitted by the Investigating OfÏcer against the petitioner in aforesaid case crime and impugned summoning orders dated 28-05-2024 and 09-01-2025, passed by the learned Special Judge(POCSO Act), Ambedkar Nagar. Sessions On 14-08-2025, the following order was passed :- "Vakalatnama filed by Sri Pradeep Kumar Shukla, learned counsel on behalf of the opposite party nos. 2 and 3 is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Pradeep Kumar Shukla, learned counsel for the opposite party nos. 2 and 3 and perused the record. Instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings on the basis of compromise deed dated 19.7.2025 of POCSO Case No.291 of 2024 and 19 of 2025, State Vs. Shani Kumar and State Vs. Sheela, arising out of Case Crime No.09 of 2024, under Sections 363, 366, 368, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offence Act, 2012 relating to Police Station Katka, District Ambedkar Nagar, pending before the court of Additional Sessions Judge/Special Judge (POCSO Act), Ambedkar Nagar as well as impugned charge sheet no.01 dated 27.3.2024 and impugned charge sheet no.02 dated 09.12.2024 submitted by the Investigating OfÏcer against the applicant in aforesaid case crime number and impugned summoning orders dated 28.5.2024 & 9.1.2025 passed by the learned Special Judge (POCSO Act), Ambedkar Nagar in respect of the applicants only. It is argued by the learned counsel for the applicants that an F.I.R. was lodged by the opposite party no.2 against the applicants whereby alleging that the victim, who was minor then, had been taken away from lawful custody of the parents and thereafter rape was committed upon her though there is no truthfulness in the same and the allegations have been levelled to put seriousness in the criminal proceedings. He submits that the F.I.R. was lodged on 15.1.2024 and the applicant no.1 Shani Kumar performed marriage with the alleged victim on 28.3.2024 and since then, they are living as husband and wife and there is one year child from their wedlock. He added that the age of the victim is stated to be 17 years in the F.I.R. whereas in the family register, the age is recorded as 18 years and, as such, the applicant was major at the time of alleged incident and she had gone away with her own sweet will and performed marriage with the applicant no.1. He also submitted that now the informant has also agreed with the relationship of the applicant no.1 and the alleged victim and, as such, the parties sat together and have settled their dispute by way of compromise deed dated 19.7.2025 which is appended along with this application. While adding his arguments, he submits that now the dispute is settled, the applicant no.1 and the alleged victim are living peacefully and they are happy with their marriage, as such, allowing further criminal proceedings would amount to harassment and abuse of process of law as there could be no intent of law so as to create hurdle in relationship of husband and wife. Thus, submission is that criminal proceedings against the applicants may be quashed. Learned counsel appearing for the opposite party nos. 2 and 3 have also supported the version of the learned counsel for the applicants and submitted that the parties have settled their dispute amicably and the alleged victim, who was major at the time of incident has performed marriage with the applicant no.1 and there is one child from their wedlock, therefore criminal proceedings against the applicants may be dropped. Learned A.G.A. has opposed the contention aforesaid on merit but he could not dispute the fact that in the family register, age of the victim was recorded as 18 years and the applicant no.1 and the victim have performed marriage and there is a child of one year from their wedlock. In view of the aforesaid submissions, the applicant no.1 and opposite party nos. 2 and 3 are directed to remain present before this Court on 21.8.2025 at 2.15 pm. The ofÏce is directed to print name of Sri Pradeep Kumar Shukla, as counsel for the opposite party in the cause list when the case is listed next. Until further orders, criminal proceedings against the applicants in Case No.291 of 2024 and 19 of 2025, State Vs. Shani Kumar and State Vs. Sheela, arising out of Case Crime No.09 of 2024, under Sections 363, 366, 368, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offence Act, 2012 relating to Police Station Katka, District Ambedkar Nagar shall remain stayed." In compliance of the order aforesaid, the complainant, Babu Lal and the alleged victim namely, Archana, are present in person before this court. On query being asked, the complainant submits that on instance of some person of the village, he has lodged the first information report and he does not want to press the prosecution. The alleged victim submitted that she is major and has performed marriage with the applicant and there is one year old child from their wedlock and she and the applicant, are living as wife and husband peacefully. Learned counsel appearing for the complainant submits that the criminal prosecution against the applicants may be dropped. Learned counsel appearing for the State has no objection. Considering the submissions of learned counsel for the parties and particularly, the statements of the complainant as well as the alleged victim, the criminal proceedings arising out of Case Crime No. 09/2024, under sections 363,366,368,376 of I.P.C. and section 3/4 of the Protection of Children From Sexual Offence Act, 2012, relating to Police Station-Katka, District-Ambedkar Nagar, are hereby quashed. The application is allowed accordingly. Consigned to record. Order Date :- 21.8.2025 AKS ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench