Allahabad High Court
Subhash @ Subas vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 25 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:60015
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 8006 of 2025
Subhash @ Subas
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
O.P. Tiwari
Counsel for Opposite Party(s)
:
G.A., Jainendra Singh
Court No. - 14
HON'BLE SHREE PRAKASH SINGH, J.
On 19.09.2025, the following order was passed:-
"Sri Jainendra Singh, Advocate, has put in appearance by way of filing Vakalatnama as well as Short Counter Affidavit on behalf of opposite party no. 3 and the same is taken on record.
Office is directed to print the name of Sri Jainendra Singh,Advocate, as counsel for the opposite party no. 3 when the case is listed next.
Heard learned counsel for the applicant, Sri Jainendra Singh, learned counsel for the opposite party no. 3, learned A.G.A. for the State and perused the record.
Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the charge sheet No. A311/2021 dated 17.11.2021 submitted under sections 363, 366, 376 I.P.C. and section 3/4 of the POCSO Act in the matter of F.I.R./ Case Crime No. 0245/2021, Police Station-Ajgain, District - Unnao submitted by Investigation Officer against the applicant as well as the entire proceeding in the matter of Special Session Trial No. 1300 of 2021 titled as 'State versus Subas' arising out of F.I.R./Case Crime No. 0245/2021, Police Station- Ajgain, District-Unnao pending in the Court of Learned Additional District and Session Judge Court No. 11/Special Judge, POCSO Act, District- Unnao against the applicant contained as Annexure No. 1 to this Application.
It is argued by the learned counsel for the applicant that the first information report was lodged by the father of the alleged prosecutrix under certain misconception, whereas the applicant as well as the alleged prosecutrix have performed marriage on 24-10-2024 and thereafter, they are living as husband and wife happily. He submits that allowing further criminal proceedings would vanish the marital life of the applicant and the alleged prosecutrix and the prosecutrix will again face trauma, therefore, submission is that the criminal proceedings against the applicant may be quashed.
On the other hand, learned counsel appearing for the opposite party no. 3 has supported the version of the learned counsel for the applicant and submits that the criminal proceedings against the applicant may be dropped.
Learned A.G.A. appearing for the State has opposed the contentions of the learned counsel for the applicant, but, he could not dispute the contentions of learned counsel for the parties that they have performed marriage and they are living as husband and wife.
In view of the aforesaid submissions of learned counsels for the parties,the applicant as well as the opposite party no. 3 are directed to remain present before this court on 25-09-22025 at 02.15 P.M.
List/put up this matter on 25-09-2025.
Till the next date of listing, the criminal proceedings arising out of Case Crime No. 0245/2021, under sections 363, 366, 376 I.P.C. and section 3/4 of the POCSO Act, Police Station- Ajgain, District-Unnao,shall remain stayed so far as the present applicant is concerned.Learned counsel for the respective parties shall inform their clients with respect to the next date fixed in this case."
In-compliance of the aforesaid order, the applicant and the opposite party no. 3/victim, Komal are present before this Court.
On query being asked, she replied that she was major at the time of the alleged incident and she has performed marriage with the applicant, Subhash @ Subas and she is living with the applicant as wife. She submitted that due to annoyance, her father has lodged the first information report and requested that the criminal proceedings against the applicant may be dropped.
The applicant who is also present in person before this Court has reiterated the aforesaid statement.
Sri Jainendra Singh, counsel appearing for opposite party no. 3 has identified the victim/Komal, opposite party no. 3, before Court.
Both the counsels for the parties have jointly prayed that now, the applicant and the opposite party no. 3 have performed marriage and both were major at the time of the incident as is evident from the ossification report, which indicates the age of the victim as 18 years at the time of incident, therefore, they submitted that the criminal proceeding against the applicant may be quashed.
Learned counsel appearing for the State has no objection to the contentions aforesaid.
Considering the submissions of counsel for the parties, it is apparent that per the ossification report, the victim was 18 years of age at the time of the incident. The first information report has been lodged by father of the victim and as per the statement of the victim, her father, due to annoyance had lodged the first information report, though, no such offense has ever been committed with her. This Court has also noticed that the applicant and the opposite party no. 3 have performed a marriage and they are living as husband and wife. The case of the present applicant is covered with the ratio of the judgment rendered in the case of Vishwas Bhandari v. State of Punjab and another reported in (2021) 2 Supreme Court Cases 605, Criminal Appeal No.105 of 2021, dated 03.02.2021.
Accordingly, the entire criminal proceedings against the applicant in Special Session Trial No. 1300 of 2021 titled as 'State versus Subas' arising out of F.I.R./Case Crime No. 0245/2021 under sections 363, 366, 376 I.P.C. and section 3/4 of the POCSO Act in the matter of F.I.R./ Case Crime No. 0245/2021, Police Station-Ajgain, District - Unnao, are hereby quashed.
The personal appearance of the applicant, Subhash @ Subas and the opposite party no. 3, Komal is hereby exempted.
The compromise shall be part of this order.
The application is allowed accordingly.
Consigned to the records.
(Shree Prakash Singh,J.)
September 25, 2025
Mayank
