HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 7204 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Despite the service of notice, no one has appeared on behalf of the opposite party no. 2 (first informant). Heard Sri Aditya Kumar Tripathi, learned counsel for the applicant, Sri Sukesh Kumar, learned counsel for the opposite party no. 2 and Sri B.N. Upadhyay, brief holder for the State and perused material on record. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, has been filed to quash the entire proceedings of Criminal Case No. 602 of 2006 (State Vs. Govind @ Chhote) arising out of Case Crime No. 18 of 2006, under Sections 363, 366 of I.P.C., Police Station- Ekdil, District Etawah, as well as cognizance/summoning order dated 06.06.2006 pending in the court of Additional Chief Judicial Magistrate-5, Etawah. Learned counsel for both the parties jointly submitted that the applicant and opposite party no. 3 are residing as husband and wife and solemnized the marriage after attaining the age of majority. The first informant is uncle of the victim. It is further submitted that three children were born out of their wedlock. The charge-sheet has been submitted without recording the statement of the victim under Sections 161 and 164 of Cr.P.C. There is no pre-summoning evidence with regard to offence as alleged against the applicant. It is further submitted that there is no pre-summoning evidence to constitute the offence as alleged against the applicant. In view of the facts and circumstances of the case, and keeping in mind that Versus Counsel for Applicant(s) : Aditya Kumar Tripathi Counsel for Opposite Party(s) : Sukesh Kumar, G.A. Govind Alias Chhote .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) there is no pre-summoning evidence to constitute the offence as alleged against the applicant and the applicant and the opposite party no. 3 (victim) solemnized marriage and are living as husband and wife peacefully and three children were born out, out of this wedlock. The present application under Section 528 of the B.N.S.S. is, accordingly, allowed and the entire proceedings of Criminal Case No. 602 of 2006 (State Vs. Govind @ Chhote) arising out of Case Crime No. 18 of 2006, under Sections 363, 366 of I.P.C., Police Station- Ekdil, District Etawah, as well as cognizance/summoning order dated 06.06.2006 pending in the court of Additional Chief Judicial Magistrate-5, Etawah, is liable to be quashed. September 26, 2025 Ishan NA528 No. 7204 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad