JUDGMENT : Rajeev Singh, J. 1. Heard learned counsel for the applicant, learned A.G.A. as well as learned counsel appearing for the complainant. 2. The present application has been filed with a prayer to quash the charge sheet dated 01.08.2019 as well summoning order dated 17.08.2019 passed in Session Case No. 131 of 2019 arising out of Case Crime No. 202 of 2019, under Sections 3 63 , 366, 376 I.P.C. and Section 3 /4 of POCSO Act, P.S. Tikait Nagar, District Barabanki. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that the statement of the victim was recorded under Section 161 Cr.P.C., in which, she categorically denied the prosecution story and stated that her marriage was settled by her mother against her wishes and as she was being victimized by her family members, she reported the incident to the applicant and came to his house on her own. Thereafter, she stayed there and also entered into marriage with the applicant. Submission of the learned counsel for the applicant is that the victim is enjoying her matrimonial life. Statement of the victim was also recorded under Section 164 Cr.P.C., in which, she again reiterated her version recorded under Section 161 Cr.P.C. Learned counsel for the applicant vehemently submits that the Investigating Officer filed the charge sheet in mechanical manner without considering the statements of the victim. The victim was also examined as P.W. 2 before the trial court, wherein also she categorically denied the prosecution version, but even then, the trial is going on. It is lastly submitted that out of their wedlock, one daughter is also born. It is, thus, submitted that the indulgence of this Court is necessary. 4. Learned A.G.A. opposes the prayer of the applicant and submits that the charge sheet was submitted by the Investigating Officer. However, he does not dispute the fact that victim has not supported the prosecution story either in her statements under Sections 161 and 164 Cr.P.C. or in her deposition before the trial court. Learned counsel for the complainant also concedes the argument of the learned counsel for the applicant and submits that the complainant as well as victim do not want to prosecute the applicant. It is also submitted that the victim is enjoying her matrimonial life with the applicant. 5. Learned counsel for the complainant also concedes the argument of the learned counsel for the applicant and submits that the complainant as well as victim do not want to prosecute the applicant. It is also submitted that the victim is enjoying her matrimonial life with the applicant. 5. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and going through the contents of the application, F.I.R. as well as other relevant documents including the statements of the victim under Sections 161 and 164 Cr.P.C. and also her deposition before the trial court, it is evident that the victim categorically stated that she entered into marriage with the applicant on her own choice and now she is enjoying her matrimonial life with her daughter. 6. In view of above facts and discussions, this Court is of the view that the proceedings of trial will be a futile one and, therefore, the impugned proceedings are liable to be quashed. The application stands allowed. Charge sheet dated 01.08.2019 as well summoning order dated 17.08.2019 passed in Session Case No. 131 of 2019 arising out of Case Crime No. 202 of 2019, under Sections 3 63 , 366, 376 I.P.C. and Section 3 /4 of POCSO Act, P.S. Tikait Nagar, District Barabanki are hereby quashed. 7. Office is directed to communicate this order to the court concerned, forthwith.