HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18854 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Jitu Kumar Jaiswal, Advocate holding brief of Sri Vivek Tripathi, learned counsel for applicants and learned AGA for State. 2. The instant application under Section 528 BNSS has been preferred to quash the charge sheet no. 35 of 2018 dated 15.5.2018, cognizance/summoning order dated 30.5.2018 as well as entire proceedings of S.S.T. no. 136 of 2018 (State of U.P. vs. Rahul and others) arising out of Case Crime no. 26 of 2018 under sections 363, 366, 506 IPC and section 7/8 of POCSO Act, PS- Chitbadagaon, District Ballia, pending in court of learned Special Judge (POCSO Act), Ballia as well as stay the further proceedings of aforementioned case. 3. In pursuance to order dated 26.5.2025, notices to the opposite party no. 2 has already been served. Service of notice report received through learned Chief Judicial Magistrate, Ballia is available in records. 4. When the matter has been taken up today, none appeared at the behest of opposite party no. 2 in person or through counsel. 5. No option is left but to consider the argument, so raised by learned counsel for the applicants. 6. Brief facts of the case is that on 8.4.2018, the daughter of the informant who is applicant no. 2 went with the applicant no. 1 and without taking any permission she married with the applicant no. 1 forcefully. At the Versus Counsel for Applicant(s) : Vivek Tripathi Counsel for Opposite Party(s) : G.A. Rahul And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) time of marriage, the daughter of the informant was aged about 15 years. Learned counsel for the applicants submitted that before preferring a charge-sheet, medical examination has been conducted over the victim but as per the radiological report, age determined by concerned doctor which has been counter-signed by Medical Officer, District Women, Hospital, Ballia reveals that age of the victim was more than 18 years on dated 9.4.2018, meaning thereby at the time of incident, implication of the applicant no. 1 under Section 7/8 of POCSO Act, was not at all attracted. 7. It is also submitted by learned counsel for the applicants that during passage of time, applicant no. 1 married with the applicant no. 2/victim and at present they are leading peaceful and happy married life being duly wedded couple. 8. For substantiating this fact, learned counsel for the applicants sought the attention of the Court over the marriage certificate issued by Sub- Registrar Marriage, Rasra, Ballia through which it is crystal clearly apparent that marriage has been solemnized between the applicant no. 1 and victim who is also applicant no. 2 herein. 9. In the instant matter, applicants have registered their marriage which has already been solemnized on dated 10.12.2022 itself. 10. Upon notice, these facts have not been disputed by anyone from the native family members of applicant no. 2 and as such, entire proceedings arising out of Case Crime no. 26 of 2018 under sections 363, 366, 506 IPC and section 7/8 of POCSO Act, PS- Chitbadagaon, District Ballia are hereby set aside. 11. The instant application u/s 528 BNSS stands allowed accordingly. September 25, 2025 Shaswat NA528 No. 18854 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad