Ram Niranjan Pandey Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Ram Niranjan Pandey Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application allowed; entire impugned criminal proceeding of S.T. No. 1376 of 2020 (Sections 363, 366, 376 I.P.C.; Section 5(J)(ii)/6 of POCSO Act; Section 3(2)(v) SC/ST Act), Police Station Chinhat, District Lucknow, quashed; Office directed to communicate the order to the Court below forthwith.

Issue for consideration

Whether the entire criminal proceeding of S.T. No. 1376 of 2020 (Sections 363, 366, 376 I.P.C.; Section 5(J)(ii)/6 of POCSO Act; Section 3(2)(v) SC/ST Act), arising out of Police Station Chinhat, District Lucknow, should be quashed. +1 more

Court's answer

The impugned criminal proceeding of S.T. No. 1376 of 2020 (Sections 363, 366, 376 I.P.C.; Section 5(J)(ii)/6 of POCSO Act; Section 3(2)(v) SC/ST Act), Police Station Chinhat, District Lucknow, is hereby quashed.

Ratio / Principle

Considering the submissions of the parties, the contents of the application and other relevant documents, the Court found it evident that the applicant and the victim are enjoying their matrimonial life with two children and that the victim stated she does not want to prosecute the applicant; the present application is therefore liable to be allowed.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 14 (Rajeev Singh, J.), decision dated November 18, 2025, in APPLICATION U/S 482 No. - 6350 of 2025, Ram Niranjan Pandey v. State Of U.P. Thru. Prin. Secy. Home Deptt. & 3 Others: application to quash the entire criminal proceeding of S.T. No. 1376 of 2020 (Sections 363, 366, 376 I.P.C.; Section 5(J)(ii)/6 of POCSO Act; Section 3(2)(v) SC/ST Act), Police Station Chinhat, District Lucknow. An earlier order dated 09.10.2025 allowing the quashing had been recalled by order dated 17.10.2025 passed on C.M.A. No. 3 of 2025; the present judgment replaces that order and re-issues the operative text. Court's stated rationale: the applicant and the victim are enjoying their matrimonial life with two children and the victim stated she does not want to prosecute the applicant. Counsel had further urged that the victim left home of her own will to join the applicant, that her IO-recorded statement denied the prosecution version, that per the school leaving certificate she was aged about 17 years at marriage and is now major, and that the complainant (her father) is willing to withdraw prosecution; the learned A.G.A., while submitting the victim was minor at the time of incident, did not dispute that she is now major and enjoying matrimonial life with the applicant. Held: application allowed; entire impugned proceeding quashed; Office directed to communicate the order to the Court below forthwith.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 6350 of 2025

Ram Niranjan Pandey

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Mohd Najrul Abdeen, Prince Kumar Tripati Counsel for Opposite Party(s) : G.A., Shaista Parveen

Court No. - 14

HON'BLE RAJEEV SINGH, J.

Heard learned counsel for the applicant and the learned AGA.

Vide order dated 17.10.2025 passed on C.M.A. No. 3 of 2025, the order dated 09.10.2025 was recalled.

The order dated 09.10.2025 is hereby replaced and shall be read as under:-

"1. Heard learned counsel for the applicant, learned A.G.A. for the State.

The present application has been filed with the prayer to quash the entire criminal proceeding of the S.T. No.1376 of 2020 under Section 363, 366, 376 I.P.C. and Section 5(J)(ii)/6 of POCSO Act and Section 3(2)(v) SC/ST Act, Police Station Chinhat, District Lucknow.

Learned counsel for the applicant submits that prosecution in question was initiated by father of the victim. He also submits that victim was willing to solemnize marriage with the applicant, as a result, she left her house and joined the company of the applicant on her own. He further submits that statement of the victim was recorded by the Investigating Officer, in which, she categorically denied the prosecution version. He also submits that as per the school leaving certificate, she was aged about 17 years at the time of marriage and now she is major and applicant &

A482 No. 6350 of 2025

2

victim are enjoying their matrimonial life with having two kids.

Learned counsel for the complainant submits that complainant of the present case is also willing to withdraw the prosecution against the applicant as his daughter & applicant are enjoying their matrimonial life.

Learned A.G.A. oppose the prayer of the applicant and submits that victim was minor at the time of incident but he does not dispute the fact that now she is major and enjoying her matrimonial life with the applicant.

Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that applicant and victim are enjoying their matrimonial life and having two kids and victim stated that she does not want to prosecute the applicant, therefore, this Court is of the view that present application is liable to be allowed, accordingly, the same is hereby allowed.

The impugned proceeding of S.T. No.1376 of 2020 under Section 363, 366, 376 I.P.C. and Section 5(J)(ii)/6 of POCSO Act and Section 3(2)(v) SC/ST Act, Police Station Chinhat, District Lucknow is hereby quashed.

Office is directed to communicate this order to the Court below forthwith."

(Rajeev Singh,J.)

November 18, 2025

Anurag

Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench