Neutral Citation No. - 2025:AHC:66747 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 5038 of 2025 Applicant :- Shareef Ahmad And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Mr. Irshad Ahmad, learned counsel for the applicants and Mr. Pankaj Saxena, learned AGA for the State. 2. The present application has been filed on behalf of the applicants to quash the Charge Sheet No. 5 of 2021 dated 13.01.2001 (State Vs. Rais Ahmad & Others) arising out of Case Crime No. 06 of 2000, u/s 302, 498-A IPC and Section 3/4 D.P. Act, Police Station- Galshaheed, District- Moradabad, pending i n the Court of Additional District Judge, Court No. 2nd, Moradabad. 3. Learned counsel for the applicants submitted that initially an FIR was lodged on 17.11.1999 against the husband by daughter of opposite party no. 2 in which charges were framed under Section 306 IPC. Subsequently the witnesses became hostile, therefore, Rais Ahmad the accused has been acquitted. It is submitted that on the basis of same incident the FIR was lodged on 13.01.2020 which is basis of the impugned proceedings under Sections 302, 498-A IPC and 3/4 DP Act. It is further submitted that the trial is pending since 2000 and in 2024 three witnesses have also been examined and they have become hostile, therefore, in view of above Section 300 Cr.P.C. the trial is barred. 4. Per contra, learned AGA submitted that Section 300 Cr.P.C. clearly states that the person cannot be prosecuted and punished for the same offence twice. In the earlier proceeding the applicants were not prosecuted therefore, the provision of Section 300 Cr.P.C. is not applicable in the present case. 5. After hearing the submissions of both the parties and perusal of the records it is not disputed that earlier FIR dated 17.11.1999 was registered regarding the incident dated 17.11.1999. The allegations made in that FIR were also against the Rais Ahmad who was the husband of the daughter of opposite party no. 2 Jainab Parveen in that case the charges were framed against Rais Ahmad and others under Section 306 IPC but during trial all the witnesses became hostile and on that ground Rais Ahmad was acquitted. It is also not under dispute that subsequent FIR is subject matter of the impugned proceedings and was lodged on 13.01.2000 through the process of 156(3) Cr.P.C. in which specific allegation was made that the police is trying to hush up the matter. Though police after investigation has submitted charge sheet under Sections 302, 498- A IPC and Section 3/4 DP Act against the present applicants and Rais Ahmad. 6. The cognizance was also taken by the learned Magistrate in 2021 itself thereafter case was registered. It is not under dispute that present applicants were not prosecuted in earlier proceedings and the present applicants have approached this Court after almost 23 years of taking cognizance on the charge sheet. As the applicants were not the accused in the earlier round of litigation, therefore, bar of Section 300 Cr.P.C. is not applied so far as the present applicants are concerned. So far as the contention of the applicants that all the witnesses have become hostile in the impugned proceedings, this Court is of the view that the same cannot be a ground to quash the proceeding. Therefore, this Court does not find fit case to quash the proceeding after a delay of 23 years. The trial is also at an advance stage the Court below is directed to concluded the trial as expeditiously as possible. 7. Accordingly, the present application is dismissed. Order Date :- 29.4.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad