HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1067 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the material placed on record. On 27-08-2025, the following order was passed :- "1. Shri Pankaj Kumar Shukla, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2, the same is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2/ victim/ complainant, the learned A.G.A. for the State and perused the record. 3. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Charge Sheet No.01/2024, dated 29.10.2024, in Case No.107327/2024 (State V/s Prakash and others), in Case Crime No.0419/2024, Under Section-70(1), 127(2), 115(2), 144(2) ?.N.S. against the petitioner no.1, under section 70(1), 127(2), 115(2) B.N.S. against the petitioner no.2, and section 115(2) B.N.S. against the petitioner no.3, relating to Police Station-Thakurganj, District-Lucknow, pending in the court of Additional Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Lucknow including entire proceedings initiated in pursuance thereof (so far as it relates to the petitioners), contained in Annexure No.1 to the Petition. It is further prayed that this Hon'ble court may kindly be pleased to quash the entire criminal proceeding of Case No.107327/2024 as well as Special Trial No.648/2017 (State V/s Prakash and others), in Crime No.0419/2024, Under Versus Counsel for Applicant(s) : Dheerendra Kr. Agnihotri Counsel for Opposite Party(s) : G.A., Pankaj Kumar Shukla Sarvan Yadav And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Section 70(1), 127(2), 115(2), 144(2) B.N.S. against the petitioner no.1, under section 70(1), 127(2), 115(2) B.N.S. against the petitioner no.2, and section 115(2) B.N.S. against the petitioner no.3 relating to Police Station Thakurganj, District-Lucknow, pending in the Additional Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Lucknow (so far as it relates to the petitioners), on the basis of compromise, in the interest of justice." 4. It is submitted by learned counsel for the applicants that the FIR was lodged by the victim herself while alleging that the rape has been committed upon her, whereafter the applicant no.1 - Sarvan Yadav performed marriage with the opposite party no.2 and there is one year child from their wedlock. 5. On the other hand, learned counsel for the opposite party no.2 has also supported the version of learned counsel for the applicants. 6. Learned State Counsel has no objection to the contentions aforesaid. 7. List/ put up this matter on 10.09.2025 at 2:15 P.M. 8. On the said date, the opposite party no.2 as well as the applicant no.1 shall remain present before this Court. 9. Till then the criminal proceedings of Case No.107327/2024 as well as Special Trial No.648/2017 (State V/s Prakash and others), in Crime No.0419/2024, Under Section 70(1), 127(2), 115(2), 144(2) B.N.S. against the petitioner no.1, under Section 70(1), 127(2), 115(2) B.N.S. against the petitioner no.2, and Section 115(2) B.N.S. against the petitioner no.3, Police Station Thakurganj, District Lucknow, shall remained stayed. " In compliance of the order aforesaid, the opposite party no. 2 namely, Pinki is present in person before this court. On query being asked, the opposite party no. 2 submits that she has performed marriage with applicant no. 1 namely, Saravan Yadav and there is one year child from their wedlock. For the foregoing reasons and considering the ratio of the Judgment rendered by Hon'ble Apex Court in the case of Vishwas Bhandari v. State of Punjab and another reported in (2021) 2 Supreme Court Cases 605, Criminal Appeal No.105 of 2021, dated 03.0.2021, the criminal proceedings arising out of Case Crime No.0419/2024, Under Section-70(1), 127(2), 115(2), 144(2) of B.N.S. against the petitioner no.1, under section 70(1), 127(2), 115(2) of B.N.S. against the petitioner no.2, and section 115(2) of B.N.S. against the petitioner no.3, relating to Police Station-Thakurganj, District-Lucknow,are hereby quashed. The application is allowed accordingly. The application is allowed accordingly. NA528 No. 1067 of 2025 2 Consequences to follow. Consigned to records. September 10, 2025 AKS NA528 No. 1067 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench