Allowed

Smt. Rabiya Khatoon and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC8 Oct 2025A482/6442/2023

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash FIR and charge-sheet under Sections 363, 366, 376 IPC and Section 4 POCSO Act. Victim had married applicant no.2 and did not wish to prosecute. Court held trial would be futile and set aside the proceedings.

What the court decided

AI extract

Smt. Rabiya Khatoon and Another Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 6442 of 2023

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Smt. Rabiya Khatoon And Another

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.....Applicant(s)

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	Versus
State Of U.P. Thru. Prin. Secy. And Another	Home Deptt. Lko.	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Rakesh Kumar Nayak : G.A., Anil Kumar Sahani	Tiwari, Vijyant

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Court No. - 14

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HON'BLE RAJEEV SINGH, J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel for the complainant.

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This application has been filed with the following prayer:-

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"To quash the proceeding of Case Crime No. 89 of 2014 and charge-sheet dated 15.02.2015 u/s 363, 366, 376 I.P.C. and 4 of P.O.C.S.O. Act, Police StationIbrahimpur, District- Ambedkar Nagar."

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The applicants and the complainant are present today. They have been identified by their respective counsel.

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Learned counsel for the applicants submits that the victim was prudent and major in age at the time of incident as per the ossification test. He further submits that due to annoyance, the victim's brother lodged the impugned F.I.R. on the basis of incorrect facts. The charge-sheet was submitted by the Investigating Officer u/s 363, 366, 376 I.P.C. and Section 4 of P.O.C.S.O. Act against the applicant as well as other accused persons. He next submits that the applicant no.2- Md. Naseem has solemnized nikah with the victim on 26.04.2014 and they are now enjoying their matrimonial life, and the victim is arrayed as applicant no.1 in the petition.

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A482 No. 6442 of 2023

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The victim states that she does not want to prosecute the applicant no.2 and also requests that the proceedings against the applicant no.2 may be quashed.

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Learned counsel for the applicants also submits that the trial of the case in question would be futile one as the victim is enjoying her matrimonial life with the applicant no.2.

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Learned A.G.A. vehemently opposes the prayer of the applicants. He submits that after considering the evidence collected by the Investigating Officer, the charge-sheet was submitted. However, he does not dispute the fact that as per the ossification test, the victim was aged about 18 years.

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Learned counsel for the complainant concedes the submissions of the applicant's counsel and submits that nikah of the victim has been solemnized with the applicant no.2 and they are now enjoying their matrimonial life and she does not want to prosecute the applicant no.2. He also submits that the victim is arrayed as the applicant no.1 in the petition and affidavit is also filed in support of the petition, therefore, the proceeding may be quashed.

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Considering the submissions of learned counsel for the parties and perusing the record, it is evident that on 26.04.2014, nikah of the victim was solemnized with the applicant no.2 and they are enjoying their matrimonial life. In such circumstances, this Court is of the view that the trial of the case in question would be futile one. Therefore, the proceedings initiated due to the impugned F.I.R. and the charge-sheet are hereby set aside .

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With above observations, the application is allowed .

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Office is directed to communicate this order to the trial Court, forthwith.

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(Rajeev Singh,J.)

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October 8, 2025

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Arpan

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

Smt. Rabiya Khatoon and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What the court decided

Smt. Rabiya Khatoon and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What the court decided

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