Subsequent marriage and childbirth can impact the continuation of criminal proceedings under POCSO Act, particularly when the prosecutrix was a minor at the time of the alleged offenses.

JUDGMENT :

Rajeev Misra, J.

1. Heard Mr. Sudhanshu Kumar Mishra, the learned counsel for applicant, the learned A.G.A. for State and Mr. Rahul Yadav, the learned counsel representing victim-opposite party-5.

2. Perused the record.

3. Applicant-Neeraj Kumar Manjhi, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceeding of Special Session Trial No. 267 of 2023 (State Vs. Neeraj Kumar Manjhi) pending in the court of Special Judge POCSO Act, Allahabad arising out of case crime No.360 of 2022 u/s 363, 366, 376, 328 I.P.C. and section 5/6 POCSO Act as well as charge sheet dated 15.02.2023 submitted in case crime No.360 of 2022 u/s 363, 366, 376, 328 I.P.C. and section 5/6 POCSO Act Police Station Shankargarh. District Prayagraj and also quash the summoning order dated 14.09.2023 passed by Special Judge POCSO Act, Allahabad in the aforesaid case.

It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Special Session Trial No.267 of 2023 pending in the court of Special Judge POCSO Act, Allahabad arising out of case crime No.360 of 2022 u/s 363, 366, 376, 328 I.P.C. and section 5/6 POCSO Act as well as summoning order dated 14.09.2023 passed by Special Judge POCSO Act, Allahabad in the aforesaid case.

And or pass such other and further order may deem fit and proper, otherwise the Applicant shall suffer irreparable loss and injury."

4. On the matter being taken up, the learned A.G.A. submits that notice of present application under Section 482 Cr.P.C. has been served upon first informant-opposite party-2 on 31.10.2024. However, in spite of service of notice, neither any counter affidavit has been filed by first informant-opposite party-2 nor anyone has put in appearance on his behalf to oppose this application, even in revised call.

5. Learned counsel for applicant submits that though applicant is a named and charge sheeted accused and facing trial before Court below but in view of the peculiar facts and circumstances of the case as have emerged on record, the present application is liable to be allowed.

6. In furtherance of aforesaid submission, the learned counsel for applicant submits that subsequent to the FIR dated 02.12.2022, lodged by first informant-opposite party-2 Guddu Nishad (brother of the prosecutrix), the prosecutrix solemnized marriage with applicant on 15.12.2022. As such, the prosecutrix became the legally wedded wife of applicant. In view of above, the prosecutrix started residing with the applicant as his legally wedded wife. The marriage of the parties has also been registered under the provisions of the U.P. Registration of Marriage Rules, 2017. Photocopy of the marriage registration certificate has been brought on record as Annexure-SA-1 to the supplementary affidavit. It is thus urged by the learned counsel for applicant that since the marriage of the parties has been registered, therefore, there is a legal presumption regarding valid marriage of the parties. Learned counsel for applicant further submits that from the aforesaid wedlock of the prosecutrix with the applicant, a son namely Riyansh was born. The birth certificate of the child is on record as Annexure-1 to the affidavit filed by the victim opposite party-5. As per the said certificate, the applicant Neeraj Kumar Manjhi is shown as the father, whereas the prosecutrix is shown as the mother. The bona-fides of the parties is further evident from the fact that the prosecutrix has joined the present proceedings by filing an affidavit supporting the present application. On the above conspectus, the learned counsel for applicant submits that in view of the subsequent developments that have taken place, the criminality, if any, committed by applicant stands washed of. As such, no useful purpose shall be serve