Shiv Kumar Vs State of U.P. Thru. Secy. Home Lko. and 4 Others

"1. Heard learned counsel for the applicant, learned A.G.A. for the State, as well as learned counsel for the opposite party no. 4, and perused the record.

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2. The instant application has been filed with a prayer to quash the charge-sheet no.334/2022 dated 17.08.2022, under Sections 363, 366 and 376 IPC read with Section 3/4 POCSO Act filed in Case Crime/FIR No.0342/2022 dated 17.07.2022 lodged at Police Station Fatehpur, District Barabanki and to quash the entire criminal proceedings, arising out of the aforesaid FIR, pending in the court of learned Special Judge, POCSO Act, Court No. 44, Barabanki on the ground that the parties have arrived at a compromise/settlement.

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3. It is argued by learned counsel for the applicant that initially an FIR was lodged by father of the alleged prosecutrix against the applicant, the matter proceeded and the charge-sheet has been filed but fact remains that the alleged prosecutrix performed marriage with the applicant on 29.12.2023 and a compromise deed has also been reduced in writing between the alleged prosecutrix and the applicant. He submits that the alleged prosecutrix is residing with the applicant as his wife.

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4. Counsel appearing for the opposite party no. 4 has also supported the version of counsel for the applicant.

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5. Learned A.G.A. for the State has opposed the contentions aforesaid, but he has no objection if the parties have performed marriage.

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6. In view of foregoing reasons, list/put up this matter on 19.09.2025 at 2.15 p.m.

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7. The applicant and the opposite party no. 4 are directed to remain present before this Court on the next date.

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8. Till the next date of listing, criminal proceedings, arising out of Case Crime/FIR No.0342/2022, under Sections 363, 366 and 376 IPC read with Section 3/4 POCSO Act, lodged at Police Station Fatehpur, District Barabanki, shall remain stayed. "

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In compliance of aforesaid order, applicant- Mr. Shiv Kumar and opposite party no.4/alleged victim- Mrs. Anupam are present before this Court and they have been duly identified by their respective counsel.

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On query being asked, opposite party no.4 replied that due to annoyance, her father had lodged the FIR against the applicant, whereas, she has performed marriage with the applicant and she is residing as wife with him. She added that criminal prosecution against the applicant maybe quashed.

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On the other hand, learned counsel for the applicant has also reiterated the statement of opposite party no.4.

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Considering the submissions of learned counsel for the parties as well as the statement of opposite party no.4/alleged victim given before this Court, it transpires that the opposite party no.4 is now major and she has performed marriage with the applicant. It is also apparent that the opposite party no.4 has deposed a testimony before the trial court wherein, she has not supported the prosecution story.

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In view of the above, this court finds that if in the aforesaid circumstances, criminal proceeding would be allowed to go on, the victim will again face trauma.

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Accordingly, the present application is allowed and the entire criminal proceedings of FIR/Case Crime No-342/2022 dated 17.07.2022 Police Station- Fatehpur, District- Barabanki including the charge-sheet no334/2022 dated 17.08.2022 U/S -363,366,376 IPC & 3/4 POCSO Act, pending before Special Judge, POCSO Act, Court no-44, Barabanki, are hereby quashed.

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