Allahabad High Court quashes rape case proceedings as accused, victim 'married long ago'

Prayagraj: The Allahabad High Court has quashed criminal proceedings in a 2017 rape case, noting that one of the accused had married the victim "a long ago."

Justice Vivek Kumar Singh passed the order on the petition filed by accused Wasiullah and two others who sought quashing of the criminal case pending before a trial court in Sant Kabir Nagar.

In its judgment on Thursday, the court observed, "In the present case, the Applicant No 1 and the victim have solemnised their marriage, a baby boy was born out of their wedlock, and they are living a happy married life for the last several years."

"The Opposite Party No 2, or the first informant, has also entered into a settlement agreement before the mediation centre of this court. If the proceedings of the trial court is not quashed by this court, the Applicant No 1, the victim, and their family members may sustain legal injury," the court added.

It further observed, "In view of the subsequent development, the criminality, if any, committed by the applicants now stands washed off. As such, no useful purpose would be served in prolonging the criminal prosecution of the applicants."

An FIR was registered at Bakhira police station of Sant Kabir Nagar in January 2017 under the Protection of Children against Sexual Offences Act and the Indian Penal Code, after the girl's father filed a complaint alleging that his minor daughter has been enticed away by Applicant No 1.

The victim, who was recovered in January 2017, made a statement under Section 161 Criminal Procedure Code that she went with the applicant on her own will as she was a major.

During the pendency of the trial, the applicant and the victim got married and started living under the same roof. A male child was also born to them in August 2018.