AMIT KUMAR AND ANOTHERSversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 44747 of 2025

Amit Kumar And Anothers
                                                           .....Applicant(s)
                                    Versus

State Of U.P. And 3 Others
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)             :   Manish Joshi
Counsel for Opposite Party(s)        :   G.A., Jainendra Kumar Sharma

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

1. Heard learned counsel for the applicants, learned counsel for the
opposite party no. 2 and learned AGA for the State-opposite party no.1.

2. Present application under Section 528 of the BNSS has been filed to
quash the entire proceedings of Special Case No. 213 of 2021, CNR No.
UPMO010012132021 (State of U.P. vs. Amit and another), arising out of
Case Crime No. 767 of 2020, under Section 376, 452, 504, 506 of I.P.C.
and Section 3/4 of POCSO Act, Police Station Pakbada, District
Moradabad, as well as chargesheet dated 02.02.2021 and cognizance
order dated 05.02.2021, pending in the court of Special Judge, POCSO
Act, Court No. 03, Moradabad, on the basis of Compromise
dated 26.09.2025.

3. The following submissions have been made by the learned counsel for
the applicants:

      (i) The applicant no. 1 and the victim of the present case have
      entered into matrimonial alliance on 30.04.2023 and marriage
      registration certificate was issued on 28.10.2025. A copy of the
      marriage registration certificate has been appended as Annexure
      No. 7 to the application.

      (ii) A baby girl was born on 27.02.2024 out of the wedlock of the
      applicant no. 1 and the victim of the present case. A copy of the
      birth certificate of the child has been appended as Annexure No. 8
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      to the application.

      (iii) The applicant no. 1 and the victim, after solemnization of their
      marriage, are living together as husband and wife under the same
      roof.

      (iv) The victim has not levelled any allegation against the
      applicants when her statement was recorded under Section 164 of
      Cr.P.C. The applicants and the victim including the first informant
      has entered into compromise on 26.9.2025 which has been verified
      by the learned trial court vide order dated 19.11.2025 in pursuance
      of order passed by this Court. A copy of the compromise deed has
      been appended as Annexure No. 9 to the application and
      compromise verification report dated 06.02.2026 is on record.

      (v) Short counter affidavit filed by the informant of the present case
      and contents of the application, had been admitted by her in short
      counter affidavit.

      (vi) The parties have solemnized their marriage a long way back
      and a baby girl was born out and the parties have entered into
      compromise which has been verified by the learned trial court vide
      order dated 19.11.2025, therefore, the proceedings against the
      applicants be quashed.

4. Learned counsel for the opposite party no. 2 has put his appearance and
accepted the contentions of the learned counsel for the applicants and
admitted this fact that the marriage of the victim has been solemnized
with the applicant.

5. The learned A.G.A. opposed the prayer made by the learned counsel
for the applicants, but could not dispute the fact of marriage, birth of a
baby girl and compromise and its verification on 19.11.2025.

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

7. Undoubtedly, the marriage of the applicant and the victim has taken
place a long way back and a baby girl was born out of the wedlock of the
applicant no. 1 and the victim. The compromise has also taken place
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between the applicant and the victim which has also been verified by the
learned Trial Court vide order dated 19.11.2025.

8. 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,
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.

9. 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
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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,
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
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     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
     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."

10. 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.

11. 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."

12. In another judgment of Mahesh Mukund Patel vs. State of U.P. and
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                                    6


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
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.

13. 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
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                                            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,
                                            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."

                                    14. 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.

                                    15. The entire proceedings of Special Case No. 213 of 2021, CNR No.
                                    UPMO010012132021 (State of U.P. vs. Amit and another), arising out of
                                    Case Crime No. 767 of 2020, under Section 376, 452, 504, 506 of I.P.C.
                                    and Section 3/4 of POCSO Act, Police Station Pakbada, District
                                    Moradabad, as well as chargesheet dated 02.02.2021 and cognizance
                                    order dated 05.02.2021, pending in the court of Special Judge, POCSO
                                    Act, Court No. 03, Moradabad, are hereby quashed against the
                                    applicants.

                                    16. No order as to costs.




                                                                                               (Vivek Kumar Singh,J.)
                                    April 23, 2026
                                    A.P. Pandey




Digitally signed by :-
ANAND PRAKASH PANDEY
High Court of Judicature at Allahabad