Arjun v. State Of U.P. Thru. Prin. Secy. Home Lko And

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. The present application is filed with the prayer to quash the entire proceedings of S.T. No.374 of 2023 'State Vs. Arjun', pending before the learned Additional District & Sessions Judge/Special Judge, POCSO Act, Court No.45, Barabanki as well as Chargesheet No.20/2023, dated

21.01.2023 under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station - Tikaitnagar, District - Barabanki.

3. On 27.11.2025, following order was passed :-

1. Heard Sri Diwakar Singh, learned counsel for the applicant, learned A.G.A. for the State and Sri Anurag Awasthi, learned counsel for respondent no.2.

2. On 31.10.2025 this Court had passed the following order:- "1. Vakalatnama filed by Shri Anurag Awasthi, Advocate on behalf of respondent no. 2/victim is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel appearing for respondent no. 2.

3. This application has been filed for quashing the charge sheet dated 21.01.2023 as well as entire proceedings of S.T. (C.T.) No. No. 374 of 2023, under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, P.S. Tikaitnagar, District Barabanki.

4. Learned counsel for the applicant submits that the applicant and victim were in love relation and on the date of incident, victim left her home on her own and joined the company of the applicant. Thereafter, they went to the Lucknow and stayed in a rented 2 A482 No. 9183 of 2025 accommodation. It is further submitted that the F.I.R. was lodged by the informant on the basis of incorrect fact and during the course of investigation, statements of victim was recorded under Sections 161 and 164 Cr.P.C., in which, she had not supported the prosecution version. Learned counsel for the applicant vehemently submits even then the charge sheet has been submitted by the Investigating Officer. It is also submitted that now the victim is major and she entered into marriage with the applicant and is enjoying her matrimonial life with the applicant. Relying on the decision of the Hon'ble Supreme Court in the case of K. Kirubakaran Vs. State of Tamilnadu (Criminal Appeal No. 179 of 2024), learned counsel for the applicant submits that the indulgence of this Court is necessary.

5. Learned counsel for respondent no. 2/victim, while supporting the submissions of the learned counsel for the applicant, submits that the victim is residing with the applicant and is carrying pregnancy of 5 months. It is also submitted that in these circumstances, the proceeding of trial would be futile one.

6. Learned A.G.A., while opposing the prayer of the applicant, submits that victim was minor at the time of incident. However, he does not dispute the fact that victim has not supported the prosecution story in her statements recorded under Sections 161 and 164 Cr.P.C.

7. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A., learned counsel for respondent no. 2 and going through the contents of the application, F.I.R. as well as other relevant documents, including the statements of the victim and the pronouncement of the Hon'ble Apex Court in the case of K. Kirubakaran (supra), it is evident that victim has not supported the prosecution version in her statements recorded under Sections 161 and 164 Cr.P.C. It is also evident that presently the victim is a major lady and is residing with the applicant and is carrying pregnancy of 5 months.

8. In view of above facts and circumstances, the matter requires consideration.

9. Issue notice to respondent no. 3.

10. List this case on 27.11.2025.

11. On the next date, applicant, respondent no. 2/victim as well as respondent no. 3 shall appear before this Court on the next date.

12. S.H.O., P.S. Tikaitnagar, District Barabanki shall ensure the presence of respondent no. 3 before this Court on the next date.

13. Till the next date of listing, impugned proceedings shall remain stayed.

14. Office is directed to show the name of Shri Anurag Awasthi in the cause list as counsel appearing for the respondent, whenever the case is listed next." 3 A482 No. 9183 of 2025

3. In pursuance of the said order, respondent no.3 along with Sri Manoj Kumar, S.I., Police Station Tikaitnagar, District Barabanki, is present before this Court.

4. Learned counsel for the applicant states that respondent no.2, who is residing with the applicant, is not in a position to appear before this Court due to advance stage of pregnancy and requests for one week time to produce her before this Court.

5. Learned A.G.A. may file counter affidavit by the next date.

6. List this matter on 08.12.2025. On that date, applicant, respondent no.2/victim as well as respondent no.3 shall appear before this Court.

7. Interim order, if any, is extended till the next date of listing.

4. In pursuance of aforesaid order, victim as well as complainant are present alongwith Manoj Kumar Singh, Sub Inspector, Police Station - Tikaitnagar, District - Barabanki.

5. Victim categorically stated that she is residing with the applicant and enjoying her matrimonial life with him.

6. The record reveals that during the course of investigation, she has not supported the prosecution version in her statements recorded under Sections 161 as well as 164 Cr.P.C. and complainant also does not want to prosecute the applicant. It is also evident that victim is enjoying her matrimonial life with the applicant, therefore, this Court is of the view that trial of the case in question will victimize the applicant and victim, in such circumstances, the present application is allowed and impugned proceeding against the applicant is hereby set aside. December 8, 2025 GauraV/- (Rajeev Singh,J.) GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. The present application is filed with the prayer to quash the entire proceedings of S.T. No.374 of 2023 'State Vs. Arjun', pending before the learned Additional District & Sessions Judge/Special Judge, POCSO Act, Court No.45, Barabanki as well as Chargesheet No.20/2023, dated

21.01.2023 under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station - Tikaitnagar, District - Barabanki.

3. On 27.11.2025, following order was passed :-

1. Heard Sri Diwakar Singh, learned counsel for the applicant, learned A.G.A. for the State and Sri Anurag Awasthi, learned counsel for respondent no.2.

2. On 31.10.2025 this Court had passed the following order:- "1. Vakalatnama filed by Shri Anurag Awasthi, Advocate on behalf of respondent no. 2/victim is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel appearing for respondent no. 2.

3. This application has been filed for quashing the charge sheet dated 21.01.2023 as well as entire proceedings of S.T. (C.T.) No. No. 374 of 2023, under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, P.S. Tikaitnagar, District Barabanki.

4. Learned counsel for the applicant submits that the applicant and victim were in love relation and on the date of incident, victim left her home on her own and joined the company of the applicant. Thereafter, they went to the Lucknow and stayed in a rented 2 A482 No. 9183 of 2025 accommodation. It is further submitted that the F.I.R. was lodged by the informant on the basis of incorrect fact and during the course of investigation, statements of victim was recorded under Sections 161 and 164 Cr.P.C., in which, she had not supported the prosecution version. Learned counsel for the applicant vehemently submits even then the charge sheet has been submitted by the Investigating Officer. It is also submitted that now the victim is major and she entered into marriage with the applicant and is enjoying her matrimonial life with the applicant. Relying on the decision of the Hon'ble Supreme Court in the case of K. Kirubakaran Vs. State of Tamilnadu (Criminal Appeal No. 179 of 2024), learned counsel for the applicant submits that the indulgence of this Court is necessary.

5. Learned counsel for respondent no. 2/victim, while supporting the submissions of the learned counsel for the applicant, submits that the victim is residing with the applicant and is carrying pregnancy of 5 months. It is also submitted that in these circumstances, the proceeding of trial would be futile one.

6. Learned A.G.A., while opposing the prayer of the applicant, submits that victim was minor at the time of incident. However, he does not dispute the fact that victim has not supported the prosecution story in her statements recorded under Sections 161 and 164 Cr.P.C.

7. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A., learned counsel for respondent no. 2 and going through the contents of the application, F.I.R. as well as other relevant documents, including the statements of the victim and the pronouncement of the Hon'ble Apex Court in the case of K. Kirubakaran (supra), it is evident that victim has not supported the prosecution version in her statements recorded under Sections 161 and 164 Cr.P.C. It is also evident that presently the victim is a major lady and is residing with the applicant and is carrying pregnancy of 5 months.

8. In view of above facts and circumstances, the matter requires consideration.

9. Issue notice to respondent no. 3.

10. List this case on 27.11.2025.

11. On the next date, applicant, respondent no. 2/victim as well as respondent no. 3 shall appear before this Court on the next date.

12. S.H.O., P.S. Tikaitnagar, District Barabanki shall ensure the presence of respondent no. 3 before this Court on the next date.

13. Till the next date of listing, impugned proceedings shall remain stayed.

14. Office is directed to show the name of Shri Anurag Awasthi in the cause list as counsel appearing for the respondent, whenever the case is listed next." 3 A482 No. 9183 of 2025

3. In pursuance of the said order, respondent no.3 along with Sri Manoj Kumar, S.I., Police Station Tikaitnagar, District Barabanki, is present before this Court.

4. Learned counsel for the applicant states that respondent no.2, who is residing with the applicant, is not in a position to appear before this Court due to advance stage of pregnancy and requests for one week time to produce her before this Court.

5. Learned A.G.A. may file counter affidavit by the next date.

6. List this matter on 08.12.2025. On that date, applicant, respondent no.2/victim as well as respondent no.3 shall appear before this Court.

7. Interim order, if any, is extended till the next date of listing.

4. In pursuance of aforesaid order, victim as well as complainant are present alongwith Manoj Kumar Singh, Sub Inspector, Police Station - Tikaitnagar, District - Barabanki.

5. Victim categorically stated that she is residing with the applicant and enjoying her matrimonial life with him.

6. The record reveals that during the course of investigation, she has not supported the prosecution version in her statements recorded under Sections 161 as well as 164 Cr.P.C. and complainant also does not want to prosecute the applicant. It is also evident that victim is enjoying her matrimonial life with the applicant, therefore, this Court is of the view that trial of the case in question will victimize the applicant and victim, in such circumstances, the present application is allowed and impugned proceeding against the applicant is hereby set aside. December 8, 2025 GauraV/- (Rajeev Singh,J.) GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench