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Allahabad High Court
Ahmad vs State Of U.P.And Another on 2 April, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:70982
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 26406 of 2021
Ahmad
.....Applicant(s)
Versus
State Of U.P.And Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Bashisth Narain Pandey
Counsel for Opposite Party(s)
:
G.A., Shatrughn Pandey
Court No. - 79
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Bashisth Narain Pandey, learned counsel for applicant appeared, Sri Shatrughn Pandey, learned Advocate, holding the brief on behalf of opposite party no. 2 and learned AGA for State.
2. Learned counsel for accused applicant has filed supplementary affidavit annexing the certified copy of verified compromise. The same is taken on record.
3. The instant application under Section 528 BNSS has been filed by applicant with a prayer to quash the order dated 02.09.2021 passed by Additional Session Judge/Special Judge (POCSO) Act, Basti in Special Session Trial No. 13 of 2018 (State Vs. Ahmad), arising out of Case Crime No. 924/2017, under Sections 376 IPC and Section 5/6 POCSO Act, P.S.- Lalganj, District- Basti.
4. It is jointly contended by learned counsel for the parties that the FIR has been lodged by opposite party no. 2 for consistent rape on false promise of marriage since last six years. The POCSO Act therefore was invoked. The accused applicant and victim got married. The Nikhanama is at Page-21. Presently they are having children and entered into compromise which was sent to the trial court for its verification in order dated 11.02.2026 passed by this Court. The parties have appeared before the trial court for verification of the compromise which was finally verified on 23.02.2026. Hence, seeks interference of this Court.
5. Learned A.G.A. has opposed the quashing as the matter pertains to rape which cannot be compounded.
6. Learned counsel for opposite party no. 2 has admitted the factum of marriage between the accused applicant and victim and compromise between the parties which is duly verified by the trial court.
7. This Court by order dated 11.02.2026 has sent the compromise for verification considering that the victim and applicant/accused have entered into matrimonial alliance. The order is reiterated underneath :-
"1. Heard Shri Bashisth Narain Pandey, learned counsel for the applicant and Shri Ravindra Pandey, Advocate holding brief of Shri Satrughna Pandey, learned counsel for opposite party No.2.
2. Learned counsel for the applicant submits that he has filed the instant application under Section 482 Cr.P.C. with the relief which has been mentioned in the prayer clause of the application.
3. The relief which has been mentioned in the application is delineated below:-
"It, is, therefore, most respectfully prayed this Hon'ble court may graciously be pleased to allow this application and quash the order dated 2.9.2021 passed by Additional Session Judge/Special Judge (POCSO) Act Basti in Special Session Trial No. 13/2018 State Versus Ahmad arising out of case crime no. 924 of 2017 under section 376 I.P.C. and Section 5/6 POCSO Act, Police Station Lalganj District Basti.
It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Special Session Trial No. 13/2018 State Versus Ahmad arising out of case crime 924 of 2017 under section 376 I.P.C. and Section 5/6 POCSO Act, Police Station Lalganj Basti during pednency of present criminal misc. application otherwise the applicant will suffer irreparable loss and injury. And/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case."
4. Learned counsel for both the parties submit that applicant as well as opposite party No.2 are now husband and wife and from the wedlock there are two issues, therefore, both want that the case may be quashed otherwise the life of the family as well as issues will be ruined.
5. Learned counsel for both the parties further submit that compromise application is already filed in the concerned trial court
6. Learned counsel for opposite party No. 2 submits that opposite party No. 2 does not want to proceed with the criminal case against the applicant, therefore, the proceedings may be quashed on the basis of compromise.
7. This Court in the interest of justice is directing the accused-applicant as well as the opposite party No.2 to appear before the trial court for verification of the compromise application on 23.02.2026.
8. The concerned trial court is directed that if both the parties appear before the trial court on 23.02.2026, the trial court shall verify the compromise application in the presence of both the parties and thereafter send the verification order/report to this Court immediately.
9. Learned counsel for the applicant is also directed to file the verification order/report by means of an affidavit on or before 27.02.2026.
10. List this case on 27.02.2026.
11. If any warrant is issued against the applicant, the same shall be kept in abeyance till the next date of listing. "
8. In pursuance to the aforesaid order, the Court of Additional Sessions Judge/Special Judge, (POCSO Act), Basti has submitted the letter dated 23.02.2026, wherein the compromise entered into between the informant, victim and accused/applicant has been verified. The same is on record.
9. Learned counsel for the opposite party no. 2 has admitted the factum of compromise and its verification between the parties and further submits that the accused/applicant and victim are residing as husband and wife.
10 The Apex Court in the 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.
11. Even in the cases of POCSO Act, 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".
12. There is no point in getting the trial continued, when the parties have buried their differences.
13. In view of above, the charge sheet and the proceeding arose out of case crime number mentioned above is hereby quashed. Consequently, the proceedings of trial is also quashed.
14. The application under Section 528BNSS/482 CrPC is allowed accordingly.
(Avnish Saxena,J.)
April 2, 2026
Sharad/-
