HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1571 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. (C.M.A. No. Nil of 2025) 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. Cause shown in the application for amendment in memo of Application U/S 528 BNSS are sufficient. 3. Accordingly, the application for amendment is allowed and learned counsel for the applicant is directed to make necessary amendment in the memo of application, forthwith. (Order on Application U/S 528 BNSS) 4. Short counter affidavit filed by learned counsel for the opposite party no.2 and application for amendment in memo of Application Under Section 528 BNSS filed by learned counsel for the applicant are taken on record. 5. The present application is filed with the prayer to quash the entire proceedings of Case No.1355 of 2025, arising out of Case Crime No.0026 of 2025 under Sections 69, 316(2), 115(2), 351(2) and 318(4) BNS, Police Station - Badosarain, District - Barabanki. 6. Learned counsel for the applicant submits that as per the Versus Counsel for Applicant(s) : Mohd. Jabir Counsel for Opposite Party(s) : G.A., Jayant Pratap Singh Mohd. Samshad @ Manna .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another .....Opposite Party(s) prosecution case, applicant made physical relation with the victim on the pretext of marriage and thereafter, he denied to solemnize the marriage with the victim. He also submits that charge sheet was submitted by the Investigating Officer and during the pendency of trial, Nikah has been solemnized between the applicant and victim on 5.7.2025 (Nikahnama is annexed as Annexure No.8 to the application). 7. Victim of the case is present before this Court and states that her Nikah has already been solemnized with the applicant and now she does not want to prosecute the applicant and also requested that impugned proceeding may be quashed. 8. Learned A.G.A. opposes of the prayer of the applicant but he does not dispute the fact that basis of prosecution of case in question is applicant denied to solemnize marriage with the victim after making physical relations on the pretext of marriage. 9. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents including Nikahnama, which is annexed as Annexure No.8 and statement of the victim given before this Court, it is evident that prosecution of case in question was initiated on the allegation that applicant made physical relation with the victim on the pretext of marriage but later on, he denied but now, Nikah has already been solemnized in between the applicant and victim and they are enjoying their matrimonial life, therefore, this Court is of the view that trial of the case in question is futile one. 10. In view of the discussions made hereinabove, present application is allowed and impugned proceedings against the applicant is hereby quashed. November 6, 2025 GauraV/- NA528 No. 1571 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench