IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22969 of 2022 Arising Out of PS. Case No.-207 Year-2019 Thana- BAHERA District- Darbhanga ======================================================

Vikash Kumar Mahto Binay Kumar Mahto R/O Village/Mohalla- Jagdishpur, P.S.- Manigachhi (Nehra O.P.), District- Darbhanga ... ... Petitioner/s Versus

1. The State of Bihar

2. Aarti Kumari Wife Of Vikash Kumar Mahto, D/O- Jhari Das R/O Village-

Navtolia, P.S.- Bahera Diss- Darbhanga. Presently R/O Village/Mohalla-

Jagdishpur, P.S.- Manigachhi (Nehra O.P.), District- Darbhanga ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Kedar Jha, Advocate For the O.P. No.2 : Mr. Maya Shankar Mishra, Advocate For the State : Mr. Ram Priya Sharan Singh, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA

ORAL JUDGMENT

Date : 19-01-2026 Heard Mr. Kedar Jha, learned counsel for the petitioner, Mr. Maya Shankar Mishra, learned counsel for the opposite party no. 02 and Mr. Ram Priya Sharan Singh, the learned APP for the State.

2. The present application has been filed on behalf of the petitioner for quashing the first information report bearing Bahera P.S. Case No. 207 of 2019 dated 10.05.2019 under Sections 376, 341, 323, 504, 506, 313/34 of the Indian Penal Code and Section 3(1)(r), 3(2)(va) of the SC/ST (POA) Act and subsequently Section 4/6 of the POCSO Act was also added vide order dated

24.06.2019.

3. The short facts of the case which form the basis of the First Information Report is that the informant/victim aged about 16 years has alleged that while she was staying along with her grandparents, the petitioner Vikash Kumar Mahto, who was a frequent visitor at her house, used to come to her house and indulge in sexual act with her on the pretext of marriage due to which she became pregnant but the said pregnancy was aborted. It is further alleged that upon having knowledge of the said facts, the parents of the informant/victim came and participated in a Panchayati held on 08.05.2019, where also the petitioner indulged in abuses and assault and refused to follow any advices of Panchayat.

4. The present application for quashing of the first information report has been filed on the ground that the parties to the proceeding had entered into a compromise and amicably settled the matter between themselves by filing a compromise petition before the Court of the Special Judge-cum-1st Additional Sessions Judge, POCSO Act, Darbhanga (Annexure -5) stating therein that the parties have compromised the matter out the court and good feelings having been restored between them and they are not desirous to proceed with the matter any further. It was also stated that by way of compromise petition that the parties had solemnized their marriage with each other and were living peacefully as husband and wife.

5. Learned counsel for the petitioner has pointed out the marriage between the parties was solemnized on 16.11.2018 itself and an affidavit stating the said fact has also been brought on record by way of Annexure -2. However, for the purposes of social recognition of the marriage, the said marriage was also performed in a temple on 29.07.2019, the receipt of which is Annexure-3 to the present application. The learned counsel has also drawn the attention of this Court to Annexure – 4, which is the medical examination report of the informant/ victim disclosing her age to be between 18 to 19 years. He has thus submitted that even considering this aspect of the matter, no offence under POCSO Act would be made out. It has further been submitted that the present case is one of a consensual relationship between two adults and the same has also subsequently resulted into a compromise between the parties, as a consequence of which, the parties are leading a peaceful conjugal life as husband and wife, also having a child out the said wedlock.

6. Lea