Allowed¶19

Rakesh Chauhan v. State of Up and Another

Allahabad HC8 Sept 2025A482/4152/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing; POCSO Act S.5(j)(ii)/6; IPC Ss.363, 366A, 376; Case Crime No.321 of 2022; P.S. Gadwar, District Ballia; charge sheet no. A57 of 2023 dated 26.03.2023; cognizance order 11.04.2023; Sessions Trial No.454 of 2023; Special Judge (POCSO) Court No.8 Ballia; compromise between parties; applicant-victim marriage; FIR by victim's mother for enticement; K. Dhandapani (2022 SCC Online SC 1056); Mafat Lal (2022) 6 SCC 589; Avnish Saxena J.; Allahabad High Court; decided 09-09-2025.

What did the court decide?

Application under Section 482 Cr.P.C. allowed; charge sheet no. A57 of 2023 dated 26.03.2023, cognizance order dated 11.04.2023 and the entire proceedings of Sessions Trial No.454 of 2023 arising out of Case Crime No.321 of 2022 quashed, together with the consequent trial proceedings. ¶19

Rakesh Chauhan Vs State of Up and Another — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the charge sheet no. A57 of 2023 dated 26.03.2023, the cognizance order dated 11.04.2023 and the entire proceedings of Sessions Trial No.454 of 2023 arising out of Case Crime No.321 of 2022 (Sections 363, 366A, 376 IPC and Section 5(j)(ii)/6 POCSO Act) should be quashed under Section 482 Cr.P.C., in view of the compromise between the parties and the reported marriage of the applicant and the victim.

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Ratio / Principle

Where the parties have buried their differences following a compromise and the star witness would not support the prosecution case, there is no point in getting the trial continued.

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Key takeaways

The charge sheet and the proceedings arising out of Case Crime No.321 of 2022 are hereby quashed, and consequently the proceedings of the trial are also quashed.ratio¶18
In support of the quashing, the Court relied on the Apex Court's decision in K. Dhandapani Vs. State by the Inspector of Police, where the conviction and sentence affirmed by the High Court in a POCSO matter were set aside as the accused and the victim were living happily in their married life, the Apex Court having observed that it could not shut its eyes to the ground reality and disturb their happy family life.ratio¶16

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Avnish Saxena, J.) — Application U/S 482 No. 4152 of 2024, decided 09-09-2025: Allowed. Charge sheet no. A57 of 2023 dated 26.03.2023, cognizance order dated 11.04.2023 and the entire proceedings of Sessions Trial No.454 of 2023 (State v. Rakesh Chauhan), arising out of Case Crime No.321 of 2022 under Sections 363, 366A, 376 IPC and Section 5(j)(ii)/6 POCSO Act (P.S. Gadwar, Dist. Ballia), pending before the Special Judge (POCSO Act)/Additional Sessions Judge, Court No.8, Ballia, QUASHED. Basis: the parties had entered into a compromise and buried their differences — counsel for opposite party no.2 admitting the compromise and submitting that the applicant and victim are married, having a child, the F.I.R. having been lodged by the victim's mother for enticement — the star witness would not support the prosecution case, and continuing the trial therefore served no purpose; reliance placed on K. Dhandapani v. State (2022 SCC Online SC 1056), where the Apex Court set aside the conviction and sentence in a POCSO matter observing that it could not shut its eyes to the ground reality and disturb the happy family life of the appellant and the prosecutrix, and on Mafat Lal v. State of Rajasthan ((2022) 6 SCC 589), where the F.I.R. and consequential proceedings under Sections 363, 366 IPC were quashed considering the accused-victim marriage.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 4152 of 2024

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Rakesh Chauhan

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	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	M.S. Chauhan
Counsel for Opposite Party(s)	:	G.A., Shivkumari Chauhan

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Court No. - 79

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HON'BLE AVNISH SAXENA, J.

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Learned counsel for the opposite party no.2 has filed short counter affidavit today. The same is taken on record.

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Heard Sri M.S. Chauhan, learned counsel for the applicant, Sri Arvind Kumar Chauhan, learned advocate, holding the brief for the opposite party no.2 and learned A.G.A. for State.

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The instant application under Section 482 Cr.P.C. has been moved with a prayer to quash the charge sheet no. A57 of 2023 dated 26.03.2023, cognizance order dated 11.04.2023 as well as the entire proceedings of Sessions Trial No.454 of 2023 (State Vs. Rakesh Chauhan), arising out of Case Crime No.321 of 2022, under Sections 363, 366A, 376 I.P.C. and Section 5(j)(ii)/6 POCSO Act, Police Station Gadwar, District Ballia, pending before the court of Special Judge (POCSO Act)/Additional Sessions Judge, Court No.8, Ballia.

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Learned counsel for the applicant submits that there is compromise entered into between the parties. The F.I.R. has been lodged by the mother of the victim for enticement.

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Learned counsel for the opposite party no.2 admits that the factum of compromise entered into between the parties. The compromise is at page no.8. He further submits that the applicant and victim are married, having child.

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A482 No. 4152 of 2024

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Learned A.G.A. accepts notice for the State.

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There is no point in getting the trial continued, when the parties have buried their differences as the star witness would not support the prosecution case.

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The Apex Court in the case of K. Dhandapani Vs. State by the Inspector of Police (2022 SCC Online SC 1056) has set aside the conviction and sentence of the accused affirmed by the High Court in the matter of POCSO Act considering that the accused and victim are living happily in their married life and held that "This Court cannot shut its eyes to the ground reality and disturb the happy family life of the appellant and the prosecutrix" .

¶17

The Apex Court in another case of Mafat Lal and another Vs. The State of Rajasthan (2022) 6 SCC 589 has quashed the F.I.R. and consequential proceedings of offence U/s 363, 366 I.P.C. considering the marriage of accused and victim.

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Thus, the charge sheet and the proceeding arose out of case crime number mentioned above is hereby quashed. Consequently, the proceedings of trial also quashed.

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The application u/s 482 Cr.P.C. is allowed accordingly.

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(Avnish Saxena,J.)

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September 9, 2025 Shivangi

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Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad

Rakesh Chauhan v. State of Up and Another

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Rakesh Chauhan v. State of Up and Another

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