JUDGMENT : 1. List revised. 2. An affidavit and Vakalatnama filed by Sri Suresh Kumar Gupta, Advocate on behalf of the opposite party no.3 is taken on record. 3. Heard Sri Ajay Kumar Mishra, learned counsel for the applicant, Sri Suresh Kumar Gupta, learned counsel for the opposite party no.3 and Sri S.B. Maurya, learned counsel for the State and perused the material brought on record. 4. The present application U/S 482 Cr.P.C. has been filed by the applicant-Suraj Kumar with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the charge-sheet dated 02.08.2021, under Sections 363, 366, 376 I.P.C. and 5/6 POCSO Act, 2012, Police Station Nandganj, District Ghazipur arising out of F.I.R./ Case Crime No. 0187 of 2021 against the applicant and the entire proceeding of Sessions Case No.620/21 (UPGH010039212021) (State vs. Suraj), u/s 363, 366, 376 I.P.C. and 5/6 POCSO Act, 2012, Police Station Nandganj, District Ghazipur pending before Special Judge (POCSO Act), Court No.1, Ghazipur; It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of the aforesaid case and / or to pass such other and further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, so that justice be done." 5. The facts in the present case are that a first information report was lodged on 15.07.2021 as Case Crime No. 0187 of 2021, under Sections 363, 366 I.P.C., Police Station Nandganj, District Ghazipur by the opposite party no.2 Smt. Mamta against the applicant and Gorakh alleging therein that her daughter aged about 17 years had gone to visit her maternal grand-father's place around 15 days back but on 13.07.2021 at about 4 am Suraj and his friend Gorakh lured her daughter and enticed her away. She was searched a lot but could not be traced. When they went to the house of the boys to ask about the girl they were chased out. An application is being given on which appropriate action be taken, on the basis of which the first information report was lodged against the applicant and Gorakh. The matter was investigated after which a charge-sheet was submitted against the applicant under Sections 363, 366, 376 I.P.C. and Section 5/6 POCSO Act. An application is being given on which appropriate action be taken, on the basis of which the first information report was lodged against the applicant and Gorakh. The matter was investigated after which a charge-sheet was submitted against the applicant under Sections 363, 366, 376 I.P.C. and Section 5/6 POCSO Act. In so far as Gorakh the other person named in the first information report is concerned, he was not charge-sheeted and his name finds place in column 12 of the charge-sheet as the person not charge-sheeted. On the charge-sheet the trial court vide its order dated 09.09.2021 took cognizance and summoned the applicant to face trial. In the meantime, a habeas corpus petition being Habeas Corpus Writ Petition No. 298 of 2022 (Pooja vs. State of U.P. and 4 others) was filed on behalf of Suraj Kumar claiming custody of the victim describing her as his wife who was stated to be in illegal confinement of her parents Smt. Mamta and Sri Pramod Kumar. A co-ordinate Bench of this Court vide order dated 28.04.2022 directed the C.M.O. / C.J.M., Ghazipur to hold ossification test of the victim for the ascertainment of her age as there was nothing on record to indicate her age. The said order is annexure-4 to the affidavit which reads as under:- "Heard Sri Ajay Kumar Mishra, learned counsel for the petitioner, learned A.G.A. for the State perused the record. This habeas corpus writ petition has been filed on behalf of Suraj Kumar claiming the custody of his wife-Pooja who is illegally confinement of her parents Smt. Mamta and Sri Pramod Kumar. Contention raised by learned counsel for the petitioner is that the present F.I.R. was registered on 15.07.2021 by one Mamta-mother of the victim against Suraj-husband and Gorakh, at about 15 days back the named accused persons have enticed away the girl. The girl was eventually recovered on 18.07.2021 from the custody of Suraj and she was put for statements under sections 161 Cr.P.C. and 164 Cr.P.C. In statement of 164 Cr.P.C. she states that she is in affair with the petitioner-Suraj and got married on 15.07.2021. From the material on record there is nothing indicate about the age of the victim. The girl was eventually recovered on 18.07.2021 from the custody of Suraj and she was put for statements under sections 161 Cr.P.C. and 164 Cr.P.C. In statement of 164 Cr.P.C. she states that she is in affair with the petitioner-Suraj and got married on 15.07.2021. From the material on record there is nothing indicate about the age of the victim. The C.M.O./C.J.M Ghazipur are directed to hold the ossification test and give a report that as on 13/15.07.2021 what was the age of the girl and submits its report after holding the ossification test of Ms. Pooja. Put up this case with report of C.M.O./C.J.M. Ghazipur regarding the age of the girl on 25th May, 2022 alongwith the corpus-Ms. Pooja in order to establish the bonafidies. The husband-Suraj is directed to deposit Rs.20,000/- by 07th May, 2022 for the said purpose and only then notices were issued to opposite party nos. 4 and 5 to produce the corpus before this Court on 25th May, 2022. The S.P. Ghazipur and S.H.O. P.S. Nandganj, District Ghazipur are directed that orders of this Court should be complied with a letter and sprite. Put up this matter on 25th May, 2022 as fresh. Let the copy of this order be given to the learned A.G.A. for communication and compliance." 6. Subsequently the said matter came up before the Court and on 25.05.2022 in which another co-ordinate Bench of this Court perused the ossification report of the corpus and recorded that as per the radiological age she was shown to be aged about 19-20 years and as per the opinion of the medical board on the basis of X-Ray report the age shown is 20 years. The said order is at page 38 of the affidavit which reads as under:- "In compliance of order of this Court dated 28.04.2022, learned A.G.A. has placed ossification report of the corpus - Smt. Pooja in a sealed envelop, which has been opened before this Court. As per radiological age of the corpus as shown in the medical examination report, is 19 - 20 years and as per opinion of the medical board, on the basis of X-ray report, the age shown is 20 years. After perusing the ossification report, the same has again been sealed and is taken on record. As per radiological age of the corpus as shown in the medical examination report, is 19 - 20 years and as per opinion of the medical board, on the basis of X-ray report, the age shown is 20 years. After perusing the ossification report, the same has again been sealed and is taken on record. This court vide its order dated 28.04.2022 has directed the husband-Suraj to deposit Rs.20,000/- by 7th of May, 2022 and only then the notice be issued to the Respondent No.4 and 5 to produce the corpus before the Court on 25.05.2022. As per office report, husband of the corpus has deposited the amount on 6.5.2022 as directed by this court and the notices have been sent to the Opposite Party No.4 and 5 through C.J.M. Ghazipur on 11.05.2022. As per office report dated 24.05.2022, the service report has not been received from C.J.M. Ghazipur so far. Office is directed to send reminder to the official concerned to submit the service report by the next date of listing. List this case on 13.07.2022. On the next date, corpus - Smt. Pooja shall be produced before this Court in terms of earlier order of this Court dated 28.04.2022." 7. Subsequently the matter was again taken up on 13.07.2022 and the co-ordinate Bench recorded that it had the occasion to have conversation with the girl who stated that she wants to go with her husband Sooraj. The Court recorded that as she was a major she has every right to decide her future and she has decided to go with her husband and under the circumstances she was set at liberty to go anywhere she wants. The said petition was disposed of vide order dated 13.07.2022, the copy of which is annexed at page 39 of the affidavit which reads as under:- "Heard learned counsel for the petitioner as well as learned A.G.A. Pursuant to the order of this Court dated 28.04.2022 as well as 25.05.2022, the corpus-Ms. Pooja is present in the Court duly identified by Sri Ram Kumar Ojha, S.I. Thana-Nandganj, District-Ghazipur. The Court has got an occasion to have conversation with the girl and she states that her name is Pooja Kumari and her father's name is Pramod Ram. Since, she was pursuing her class-IX, therefore, ossification test was conducted and as per the report, her age comes around 19-20 years. The Court has got an occasion to have conversation with the girl and she states that her name is Pooja Kumari and her father's name is Pramod Ram. Since, she was pursuing her class-IX, therefore, ossification test was conducted and as per the report, her age comes around 19-20 years. Her statement recorded under section 164 Cr.P.C. is annexed as Annexure-2 to the petition in which she states that she has got married with one Sooraj in a temple on 15.07.2021 and now she in no uncertain terms, states that she wants to go with her husband-Sooraj. Being a major girl, she has every right to decide her future path and she has decided to go with her husband-Sooraj. Under the circumstances, the Court has no reason or occasion to stop her to execute her own decision. She is set at liberty to go anywhere she wants to go. From the order sheet, it is evident that pursuant to the order of this Court dated 28.04.2022, the husband-Sooraj has deposited a sum of Rs.20,000/- with the Registrar General, Allahabad High Court. Since, the present habeas corpus petition has already been disposed of after recording the statements of the girl, hence, the amount of Rs.20,000/- be released in favour of his wife-Pooja after duly establishing her identity by the Registrar General, Allahabad High Court. The personal presence of Mr. Ram Kmar Ojha, S.I. Thana-Nandganj, Ghazipur is hereby exempted till further order of the Court. With this observation, the present habeas corpus petition stands disposed of." 8. Learned counsel for the applicant argued that the victim is a major girl as has been held in the medical examination report and also in the finding of this Court in the habeas corpus petition. It is argued that the victim has married the applicant and is living with him as his wife. It is argued while placing paragraph 6 of the affidavit that the victim fell in love with the applicant and accompanied him out of own sweet-will on 13.07.2021 and remained with him upto 18.07.2021. It is argued that even in her statement recorded under Section 161 Cr.P.C. and under Section 164 Cr.P.C. she has stated of her consent of going with the applicant out of her own sweet-will and living with him. Paragraph 18 & 19 of the affidavit have been placed before the Court. It is argued that even in her statement recorded under Section 161 Cr.P.C. and under Section 164 Cr.P.C. she has stated of her consent of going with the applicant out of her own sweet-will and living with him. Paragraph 18 & 19 of the affidavit have been placed before the Court. It is argued that as such no offence whatsoever is made out against the applicant. It is argued that the victim is a major girl. The prosecution against the applicant be quashed. 9. Learned counsel for the opposite party no.3 / victim has placed before the Court paragraph 3 of the affidavit filed on behalf of the opposite party no.3 / victim and has argued that the opposite party no.3 and the applicant have got married with each other out of their own sweet-will and they were living together as husband and wife. While placing paragraph 4 of the said affidavit it is argued that the present petition be allowed and the proceedings be quashed. Paragraph 3 & 4 of the said affidavit reads as under:- "3. That deponent is major she of her own will accompanied with the applicant and got married with him in the temple of her sweet will and want to live together as husband and wife. 4. That the contents of paragraph No. 22 of the affidavit relate to the prayer clause and this Hon'ble court may allow the application of the applicant in the interest of justice." 10. Learned counsel for the State has also been heard. 11. Learned counsel for the applicant and learned counsel for the opposite party no.3 state that the applicant and the victim / opposite party no.3 will get their marriage registered within 15 days before the Marriage Registration Officer in accordance with law. 12. After hearing the learned counsel for the parties and perusing the records, it is evident that the victim was a major girl at the time of the incident as has come out in the ossification test which has been recorded in the orders dated 25.05.2022 and 13.07.2022 in habeas corpus writ petition filed before this Court. In the statement of the victim recorded under Section 161 Cr.P.C. and under Section 164 Cr.P.C. she states to have gone with the applicant out of her own sweet-will and stayed with him. In the statement of the victim recorded under Section 161 Cr.P.C. and under Section 164 Cr.P.C. she states to have gone with the applicant out of her own sweet-will and stayed with him. Paragraph 3 of the affidavit of the opposite party no.3 / victim states that the applicant and the victim have married each other and want to live together as husband and wife. 13. In view of the arguments, the orders passed in the habeas corpus writ petition, affidavit of the opposite party no.3 / victim filed today in Court, the age of the victim as has come from the ossification test and the opinion passed on it, statement of the victim recorded under Section 161 Cr.P.C. and under Section 164 Cr.P.C., the present petition is allowed. 14. The entire proceedings of the aforesaid case are hereby quashed.