ORDER : 1. Heard. 2. The applicant being aggrieved with the Criminal Prosecution vide Final Report (Challan) No. 18/2021 and FIR No.158/2020 registered at Police Station Patna, District Koriya (CG) for the offence under Sections 376 (2) (n) and 506 of the IPC, has filed the instant petition for quashing of the above final report and consequent criminal prosecution. 3. The prosecutrix lodged a report in the police station on 16.7.2020 that the applicant entered into a love affair with her and on 30.5.2019, the applicant took her to a temple and forcefully entered into marriage with her in presence of other persons and thereafter, he took her for registration of the marriage. The applicant kept the prosecutrix with him for two months and sexually exploited her continuously till 3.11.2019. The applicant is already a married man and also having two children. During the period of sexual exploitation i.e. from 31.5.2019 till 3.11.2019, no FIR has been lodged and the same has been registered thereafter on 16.7.2020 4. Learned counsel for the applicant submits that the prosecutrix and the applicant were having a love affair and they performed marriage on 30.5.2019 at a temple and thereafter, they also got their marriage registered and since then, they were living together as husband and wife. In November 2019, the parents of the prosecutrix opposed their relationship, therefore, an enquiry was made by the SDM, Baikunthpur, in which, the prosecutrix gave statement that she had an affair with the applicant and she was living with the applicant voluntarily and does not want to go along with her parents. In her statement, the prosecutrix has also disclosed that she knew that the applicant is already married yet she wants to reside with him in his house. He further submits that the prosecutrix is a young lady having love affair with the applicant and their relationship is consensual. They had got married and lived together for a substantial period of time and thereafter, some dispute arose between them, therefore, a false FIR has been registered. Learned counsel submits that filing of the challan in the criminal proceeding is not proper as the same would amount to gross miscarriage of justice, therefore, the criminal proceeding against the applicant may be quashed. 5. Heard learned counsel for the parties and perused the petition along with the documents annexed with it. 6. Learned counsel submits that filing of the challan in the criminal proceeding is not proper as the same would amount to gross miscarriage of justice, therefore, the criminal proceeding against the applicant may be quashed. 5. Heard learned counsel for the parties and perused the petition along with the documents annexed with it. 6. In the statement of the prosecutrix recorded by the Executive Magistrate, Sub Tehsil, Patna, District Korea, she stated that she is major and have studied till Class XII. She got married with the applicant on 30.5.2019 voluntarily at Gobri Mandir and she further stated that she knew that the applicant is already married but still she is willing to reside with him in his house. Upon such statement, the parents of the prosecutrix were not willing to take back the prosecutrix. Thereafter, the prosecutrix sent a written complaint to Inspector General of Police, Sarguja (Ambikapur) and various other parties including Superintendent of Police, Korea, in which, she alleged that the applicant allured and forcefully committed sexual intercourse with her and he also threatened to kill her and on such basis, the FIR dated 16.7.2020 was registered. 7. Before registering the FIR, the prosecutrix has clearly mentioned before the Executive Magistrate that she is residing voluntarily with the applicant and both have got married also. From such statement and conduct of the complainant/prosecutrix, it is established that the relationship between the applicant and the complainant was consensual and it is further established that they were in relationship for a substantial period and both of them got married on 30.5.2019 and thereafter, after a long period, the FIR was registered under Sections 376(2)(n) and 506 of the IPC on 16.7.2020. 8. Having considered the facts and circumstances of the case as also considering the principle laid down by Hon'ble the Supreme Court in the matter of Sonu @ Subhash Kumar Vs. State of Uttar Pradesh and another, 2021 SCC OnLine SC 181, this Court is of the opinion that continuation of the criminal proceedings is not proper as the same would amount to gross miscarriage of justice. 9. Hence, this petition deserves to be and is hereby allowed. The criminal proceedings arising out of Final Report (Challan) No. 18/2021 and FIR No.158/2020, are quashed.