The Allahabad High Court on Thursday quashed the entire criminal proceedings against Ashwani Anand-who was booked under kidnapping and POCSO charges-after the alleged victim herself appeared before the court through an affidavit and categorically stated that the allegations in the FIR were false. The judgment was delivered by Justice Kshitij Shailendra in Court No. 78, in an order that felt more like a direct conversation about ground realities rather than a cold legal exercise.
Background
According to the FIR filed by the woman’s father, the applicant had allegedly abducted his minor daughter on 23 April 2024. Chargesheet followed in September 2024, and cognizance was taken in April 2025. But the story took a sharp turn when the girl-now a major-filed an affidavit saying she had left home voluntarily and never stayed with Ashwani during that period. She had also told the police earlier that there was no physical relationship involved.
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The couple married on 23 June 2025, and the marriage was officially registered the next day, a fact clearly noted in the court record. Ashwani Anand The State, however, strongly opposed quashing, arguing that POCSO is a crime against society and cannot be nullified just because the parties have settled or married.
Court’s Observations
Justice Shailendra took a wide lens view, pulling in multiple Supreme Court decisions where prosecutions were quashed or convictions set aside after the victim married the accused. He referred to cases like K. Dhandapani, Dasari Srikant, and Mahesh Mukund Patel, emphasizing that courts cannot pretend to be blind to “ground reality” when the complainant herself withdraws allegations.
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In a standout observation, the judge noted:
“We would fail in our duty if we do not use the powers conferred upon us… forgetting about the purpose for which we have been blessed to occupy the pious position as a Judge.”
The bench also made an unusually candid comment about the suffering a woman faces if forced to appear in trial for months only to eventually turn hostile:
“Compelling a lady… to visit court premises for months and years… would be an instrument of harassment.”
Justice Shailendra even questioned the logic of sending couples through long trials only to reach an acquittal based on the same sworn statements already available before the High Court.
He added that district courts often acquit accused persons on the basis of hostile witnesses; therefore, the High Court should not feel helpless in exercising its own inherent powers.
One more striking line-almost philosophical-stood out during the hearing: “Purpose of any law cannot be to create problems for society but to search out solutions.”
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Decision
Concluding that the woman was now a major, had willingly married the applicant, and had fully denied the allegations in both her affidavit and earlier statements, the High Court held this to be a fit case to exercise inherent powers under Section 528 BNSS.
The court, therefore, allowed the application and quashed the entire criminal proceedings, including the chargesheet and cognizance order. The order ends firmly, making it clear that continuing prosecution would defeat the ends of justice.
Case Title: Ashwani Anand vs. State of U.P. and Others
Case No.: Application U/s 528 BNSS No. 37031 of 2025
Case Type: Criminal Application for Quashing (Under Section 528 BNSS)
Decision Date: 21 November 2025
