KALLUversusSTATE OF U.P. AND 2 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 41096 of 2025

Kallu
                                                           .....Applicant(s)
                                    Versus

State Of U.P. And 2 Others
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                     :   Dileep Kumar
Counsel for Opposite Party(s)                :   Imaran Ahmad, G.A.

Court No. - 80
                   HON'BLE VIVEK KUMAR SINGH, J.

1. As per office report dated 07.05.2026 notice issued to opposite party,
has been served. Despite service of notice, none appeared on behalf of the
opposite party no.2, therefore, the present matter is being heard finally.
2. Heard Shri Dileep Kumar, learned counsel for the applicant, learned
counsel for the opposite party no. 3 and learned AGA for the State-
opposite party no.1.

3. Present application under Section 528 of the BNSS has been filed to
quash the entire criminal proceedings of Case No.115 of 2005, arising out
of Case Crime No.155 of 2024, under Sections 137(2), 87, 64 BNS and
Section 3/4 POCSO Act, Police Station Mataundh, District Banda,
pending in the court of Additional Sessions Judge/Special Judge, POCSO
Act, Banda as well as chargesheet dated 22.12.2024 and summoning
order dated 31.01.2025.

4. The following submissions have been made by the learned counsel for
the applicant:

        (i) The applicant and the victim of the present case have entered
        into matrimonial alliance on 19.04.2025, a copy of the marriage
        certificate has been appended as Annexure-6 to this application.

        (ii) The applicant and the victim, after solemnization of their
        marriage, are living together as husband and wife under the same
        roof.
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      (iii) The victim in her statements recorded under Section 180 and
      183 BNSS has categorically admitted that she left her house on her
      own free will and joined the company of the applicant and
      solemnized the marriage with the applicant and thereafter they
      started living together as husband and wife.

      (iv) The victim of the present case has filed her short counter
      affidavit wherein she claimed herself to be a major girl and stated
      that the dispute has been amicably settled and she has entered into
      compromise with the applicant, copy of the compromise deed has
      been appended alongwith short counter affidavit.

      (v) The applicant and the victim of the present case have
      solemnized their marriage and they are living together as husband
      and wife and they have entered into compromise. The averments of
      the application as well as short counter affidavit filed by the victim
      have not been confronted by the informant of the present case
      despite service of notice, therefore, the proceedings against the
      applicant be quashed.

5. Learned counsel for the opposite party no.3-victim has put his
appearance and accepted the contentions of the learned counsel for the
applicant and admitted this fact that the marriage of the victim has been
solemnized with the applicant.

6. The learned A.G.A. opposed the prayer made by the learned counsel
for the applicant, but could not dispute the fact of marriage between the
applicant and the victim-opposite party no.3.

7. I have heard rival submissions of the parties and perused the record.

8. Undoubtedly, the marriage of the applicant and the victim has taken
place and the victim of the present case has admitted that the dispute has
been amicably settled between the applicant and the victim.

9. Reference may be made to the judgements of Supreme Court in K.
Dhandapani Vs. The State By the Inspector of Police, 2022 SCC
OnLine SC 1056 and Mafat Lal and other Vs. The State of Rajasthan,
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2022 SCC OnLine SC 433, wherein, the Apex Court quashed the
criminal prosecution of accused therein on the ground that accused had
solemnized marriage with the prosecutrix and court cannot turn a blind
eye to the said fact. In the submission of learned counsel for applicant, the
ratio laid down by Apex Court in aforementioned judgements is squarely
applicable to the facts of the present case. As such, no exception can be
carved out in the case of present applicants with reference to the
aforementioned judgements of Supreme Court inasmuch as the applicant
has also solemnized marriage with the prosecutrix and the parties are
happily living together. On the above conspectus, the learned counsel for
applicant submits that the criminal prosecution of applicant cannot be
sustained in law as well as fact and therefore, the same is liable to be
quashed by this Court.

10. The Apex Court in the case of K. Dhandapani (supra) and Mafat
Lal (Supra) also quashed the proceedings against the accused therein on
the grounds that the accused had solemnized marriage with the
prosecutrix and secondly, the court cannot turn a blind eye to the said
fact. Since the judgement rendered by Apex Court in the case of K.
Dhandapani (supra) is a short one, therefore, the same is reproduced in its
entirety:

     "Leave granted.

     The appellant who is the maternal uncle of the prosecutrix belongs to
     Valayar community, which is a most backward community in the State of
     Tamilnadu. He works as a woodcutter on daily wages in a private factory.
     FIR was registered against him for committing rape under Sections
     5(j)(ii)read with Section 6, 5(I) read with Section 6 and 5(n) read with
     Section 6 of Protection of Child from Sexual Offences (POCSO) Act,
     2012. He was convicted after trial for committing the said offences and
     sentenced to undergo rigorous Reason: imprisonment for a period of 10
     years by the Sessions Judge, Fast Track Mahila Court, Tiruppur on
     31.10.2018. The High Court, by an order dated 13.02.2019, upheld the
     conviction and sentence. Aggrieved thereby, the appellant has filed this
     appeal.

     Mr. M.P.Parthiban, learned counsel appearing for the appellant,
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submitted that allegation against him was that he had physical relations
with the prosecutrix on the promise of marrying her. He stated that, in
fact, he married the prosecutrix and they have two children.

The appellant submitted that this Court should exercise its power under
Article 142 of the Constitution and ought to do complete justice and it
could not be in the interest of justice to disturb the family life of the
appellant and the prosecutrix.

After hearing the matter for some time on 08 th March, 2022, we directed
the District Judge to record the statement of the prosecutrix about her
present status. The statement of the prosecutrix has been placed on
record in which she has categorically stated that she has two children
and they are being taken care of by the appellant and she is leading a
happy married life.

Dr. Joseph Aristotle S., learned counsel appearing for the State, opposed
the grant of any relief to the appellant on the ground that the prosecutrix
was aged 14 years on the date of the offence and gave birth to the first
child when she was 15 years and second child was born when she was 17
years. He argued that the marriage between the appellant and the
prosecutrix is not legal. He expressed his apprehension that the said
marriage might be only for the purpose of escaping punishment and there
is no guarantee that the appellant will take care of the prosecutrix and the
children after this Court grants relief to him.

In the peculiar facts and circumstances of this case, we are of the
considered view that the conviction and sentence of the appellant who is
maternal uncle of the prosecutrix deserves to be set aside in view of the
subsequent events that have been brought to the notice of this Court. This
Court cannot shut its eyes to the ground reality and disturb the happy
family life of the appellant and the prosecutrix. We have been informed
about the custom in Tamilnadu of the marriage of a girl with the maternal
uncle.

For the aforesaid mentioned reasons, the conviction and sentence of the
appellant is set aside in the peculiar facts of the case and shall not be
treated as a precedent. The appeal is accordingly, disposed of. Pending
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     application(s), if any, shall stand disposed of.

     In case, the appellant does not take proper care of the prosecutrix, she or
     the State on behalf of the prosecutrix can move this Court for
     modification of this Order."

11. The Apex Court in the case of Shriram Urav Vs. State of
Chhattisgarh in Criminal Appeal No(S). 41/2021, decided on
10.01.2025, also quashed the conviction as well as the sentence imposed
upon the appellant on the ground that the appellant/accused and the
complainant/victim had married each other.

12. Similarly, in the case of Dasari Srikant vs. State of Telangana
reported in (2024) SCC OnLine SC 936, wherein, under identical
circumstances and almost identical provisions the Supreme Court quashed
the proceedings instituted against the accused therein. The relevant
paragraph 8 to 10 of the Dasari Srikant (supra) read as under:-

     "8. Since, the appellant and the complainant have married each other, the
     affirmation of the judgment rendered by the High Court would have the
     disastrous consequence on the accused appellant being sent to jail which
     in turn could put his matrimonial relationship with the complainant in
     danger.

     9. As a consequence, we are inclined to exercise the powers under Article
     142 of the Constitution of India for quashing the conviction of the
     accused appellant as recorded by the learned trial Court and modified by
     the High Court.

     10. As a result, the impugned judgment dated 27th June, 2023 passed by
     the High Court and judgment dated 9th April, 2021 passed by the trial
     Court are hereby quashed and set aside."

13. In another judgment of Mahesh Mukund Patel vs. State of U.P. and
Others, reported in 2025 SCC OnLine SC 614, the Hon'ble Supreme
Court quashed the proceedings of offence, punishable under Section
354A, 363, 366, 376 of the Indian Penal Code, 1860 and Section 3 and 4
of the Protection of Children from Sexual Offences Act on the ground of
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                                    6


marriage between the accused and the victim. It was brought on record
that from the wedlock between the accused and the victim, two children
were born, whose documents were produced alongwith the appeal. The
Apex Court in this case quashed the proceedings on the ground that no
purpose would be served by continuing the prosecution as it would cause
undue harassment to the appellant/accused and the victim and their
children.

14. The Supreme Court in another judgment of Madhukar and Others
vs. The State of Maharashtra and Another, arising out of SLP
(Criminal) No. 7212 of 2025, alongwith Prabhakar vs. The State of
Maharashtra and Another, arising out of SLP (Criminal) No. 7495 of
2025, quashed the proceedings of case crime no.302 of 2023, dated
20.11.2023, under sections 324, 141, 143, 147, 149, 452, 323, 504 and
506 of the Indian Penal Code, 1860 as well as quashed the proceedings of
case crime no.304 of 2023, dated 21.11.2023, under sections 376, 354-A,
354-D, 509 and 506 IPC on the basis of compromise between the parties.
Paragraph nos.6, 7 and 8 of the said judgment are reproduced herein:-

     "6. At the outset, we recognise that the offence under Section 376 IPC is
     undoubtedly of a grave and heinous nature. Ordinarily, quashing of
     proceedings involving such offences on the ground of settlement between
     the parties is discouraged and should not be permitted lightly. However,
     the power of the Court under Section 482 CrPC to secure the ends of
     justice is not constrained by a rigid formula and must be exercised with
     reference to the facts of each case.

     7. In the present matter, we are confronted with an unusual situation
     where the FIR invoking serious charges, including Section 376 IPC, was
     filed immediately following an earlier FIR lodged by the opposing side.
     This sequence of events lends a certain context to the allegations and
     suggests that the second FIR may have been a reactionary step. More
     importantly, the complainant in the second FIR has unequivocally
     expressed her desire not to pursue the case. She has submitted that she is
     now married, settled in her personal life, and continuing with the
     criminal proceedings would only disturb her peace and stability. Her
     stand is neither tentative nor ambiguous, she has consistently maintained,
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                                               including through an affidavit on record, that she does not support the
                                               prosecution and wants the matter to end. The parties have also amicably
                                               resolved their differences and arrived at a mutual understanding. In these
                                               circumstances, the continuation of the trial would not serve any
                                               meaningful purpose. It would only prolong distress for all concerned,
                                               especially the complainant, and burden the Courts without the likelihood
                                               of a productive outcome.

                                               8. Therefore, having considered the peculiar facts and circumstances of
                                               this case, and taking into account the categorical stand taken by the
                                               complainant and the nature of the settlement, we are of the opinion that
                                               the continuation of the criminal proceedings would serve no useful
                                               purpose and would only amount to abuse of process."

                                    15. In view of the ratio laid down by the Hon'ble Apex Court in the
                                    aforementioned judgments as well as facts of the case, the present
                                    application succeeds and is liable to be allowed. It is accordingly allowed.

                                    16. The entire proceedings of Case No.115 of 2005, arising out of Case
                                    Crime No.155 of 2024, under Sections 137(2), 87, 64 BNS and Section
                                    3/4 POCSO Act, Police Station Mataundh, District Banda, pending in the
                                    court of Additional Sessions Judge/Special Judge, POCSO Act, Banda as
                                    well as chargesheet dated 22.12.2024 and summoning order dated
                                    31.01.2025, are hereby quashed.

                                    17. No order as to costs.



                                                                                                  (Vivek Kumar Singh,J.)
                                    May 7, 2026
                                    Nitendra




Digitally signed by :-
NITENDRA TIWARI
High Court of Judicature at Allahabad