Allahabad High Court Quashes Criminal Proceedings in Amicable Settlement Case

Court acknowledges marriage and happy life of parties involved, dismissing charges under IPC and POCSO Act.

In a landmark decision, the Allahabad High Court has quashed criminal proceedings against Wasiullah and two others, acknowledging an amicable settlement between the parties. The case, originally filed under Sections 363, 366, 504, 506 of the Indian Penal Code (IPC) and Section 7/8 of the Protection of Children from Sexual Offences Act (POCSO Act), revolved around allegations of enticing away a minor girl and issuing threats.

The judgment, delivered by Justice Vivek Kumar Singh, noted the subsequent marriage between Wasiullah and the prosecutrix, who now claims to be a major, and their peaceful matrimonial life. This development was crucial in the court's decision to quash the proceedings, emphasizing that continued prosecution would serve no useful purpose and amount to an abuse of the judicial process.

The case began with a First Information Report (FIR) filed on January 19, 2017, alleging that Wasiullah had enticed away a minor girl on December 30, 2016. The investigation revealed that the victim willingly went with Wasiullah, later claiming she was 18 years old. She further stated her desire to marry him, which she did, and the couple now shares a child.

In the court's assessment, the victim's statements under sections 161 and 164 of the Criminal Procedure Code (Cr.P.C.) supported her willingness to be with Wasiullah, and her medical examination confirmed her age as 18. The court's mediation and conciliation center facilitated a settlement agreement dated October 8, 2025, where both parties expressed no further claims or liabilities against each other.

The decision to quash the proceedings was influenced by several Supreme Court precedents, including cases like K. Dhandapani v. The State By the Inspector of Police and Mafat Lal v. The State of Rajasthan, where marriage and subsequent harmonious living nullified criminal charges.

Despite opposition from the learned Additional Government Advocate, who argued against quashing charges under the POCSO Act, the court emphasized the reality of the couple's marital life and the improbability of conviction, citing a waste of judicial resources.

Justice Singh's judgment underlines the importance of considering the current realities of the involved parties, especially when they contribute to societal peace and the efficient use of judicial resources.

The ruling reflects the judiciary's willingness to adapt legal interpretations to evolving societal norms, especially in cases of marriage and settlement after initial criminal charges.

Bottom Line:

Quashing of criminal proceedings under Sections 363, 366, 504, 506 IPC and Section 7/8 of POCSO Act - Allowed on the ground of amicable settlement between the parties, marriage between applicant and prosecutrix, and their happy matrimonial life.

Statutory provision(s): 

• - Indian Penal Code, 1860 Sections 363, 366, 504, 506
• - Protection of Children from Sexual Offences Act, 2012 Section 7/8
• - Criminal Procedure Code, 1973 Sections 482, 528

Wasiullah v. State of U.P., (Allahabad) : Law Finder Doc Id # 2811154