Neutral Citation No. - 2025:AHC:31844 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7219 of 2025 Applicant :- Vikas Alias Sheru Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Preeti Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Ms. Preeti Dwivedi, the learned counsel for applicant and the learned A.G.A. for State and Mr. A.K. Singh, who has put in appearance on behalf of first informant/opposite party-2 by filing his vakalatnama in Court today which is taken on record. Applicant- Vikas @ Sheru who is a charge sheeted accused facing trial before Court below has approached this Court by means of present application under section 482 Cr.P.C. with the following prayer: "It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire criminal proceeding arising out of case crime No. 674 of 2019 (S.T. No. 867 of 2020) under section 376, 363, 366, 504, 506 I.P.C. & 3/4 Pocso Act Police Station-Sarnath, District- Varanasi. It is further prayed that this Hon'ble Court may be pleased to stay the entire criminal proceeding arising out case crime No. 674 of 2019 (S.T. No. 867 of 2020) under section 376, 363, 366, 504, 506 I.P.C. & 3/4 Pocso Act Police Station- Sarnath, District-Varanasi pending in the court of Additional District and Session Judge Court No. 7/Special Judge Pocso Act 3, Varanasi, during the pendency of present case before this Hon'ble Court, otherwise the applicant would suffer great loss and injury. And/or pass such other and further order, which this Hon'ble Court may deem fit and proper under the fact and circumstances of the case." At the very outset, the learned A.G.A. has raised a preliminary objection by contending that present application suffers from the vice of non joinder of necessary and proper parties, as the High Court Legal Services Committee and District Legal Services Authority have not been impleaded as opposite parties in present application. It is further contended that copy of the summoning order has neither been appended along with this application nor a challenge to the same has been made in the prayer clause of this application. He, therefore submits that present application is liable to be dismissed. Learned counsel for applicant submits that since the applicant has solemnized marriage with the prosecutrix, present application is liable to be allowed. Having heard the learned counsel for applicant the learned A.G.A. for State, the learned counsel representing first informant/opposite party-2, and upon perusal of record this Court finds that this application is devoid of material particulars and the necessary documents. Therefore, the same cannot be decided on the ground raised by the learned counsel for applicant. When confronted with above, the learned counsel for applicant fairly submits that she be permitted to withdraw the present application with liberty to file fresh with better particulars, details and proper relief. Learned A.G.A. and the learned counsel representing first informant/opposite party-2 has no objection to the prayer made by the learned counsel for applicant. In view of above, this application is accordingly dismissed as withdrawn with liberty aforesaid. Certified copies of the documents appended along with this application shall be returned to the learned counsel for applicant after obtaining photo copies of the same to be kept on record. Order Date :- 5.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad