HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41569 of 2025 Court No. - 81 HON'BLE AVNISH SAXENA, J. 1. Sri Awadhesh Prasad, learned counsel for the applicant appears and submits that the accused-applicant has a fresh ground to file the application as he married with opposite party no.2. The previously filed Application under Section 528 B.N.S.S. No.23586 of 2025 (Binde alias Manvendra and another versus State of U.P. and another) has been dismissed by the court for the same relief sought. The relevant paragraphs of the order dated 29.07.2025 is reiterated underneath: "1. Heard learned counsel for the applicants, learned A.G.A. for the State-Opposite Party and learned counsel for the opposite party no.2. 2. The present 528 B.N.S.S. application has been filed to quash entire proceedings of Session Case No.293 of 2023 (Old No.1169 of 2023) (State Vs. Binde alias Manvendra and another), arising out of Case Crime No. 183 of 2023, under Sections 376D, 452, 323 & 506 I.P.C., P.S.-Gursarai, District-Jhansi, pending before Additional Session Judge, Garautha, District-Jhansi as well as to quash the impugned charge sheet dated 25.08.2023 submitted by the Investigating Officer in the present case and to quash the impugned cognizance/summoning order dated 27.09.2023. 3. Learned counsel for the applicants submits that a compromise has been reached between the applicants and the opposite party no.2 regarding the case, in which after investigation charge sheet was submitted under Sections 376-D, 452, 323 & 506 I.P.C., on which cognizance has been taken. The trial has not been Versus Counsel for Applicant(s) : Awadhesh Prasad Counsel for Opposite Party(s) : G.A. Binde @ Manvendra .....Applicant(s) State of U.P. and Another .....Opposite Party(s) commenced. Learned counsel further submitted that the opposite party no.2 has already married to some other person. Learned counsel further submitted that if the trial is permitted to proceed further then it will cause severe prejudice to the applicants. 4. Learned A.G.A. has opposed the above prayer on the ground that the victim/opposite party no.2 has not solemnized marriage with either applicant no.1 or applicant no.2, as such no legal ground exists to quash the charge sheet, in which there is allegation of gang rape upon the applicants. 5. Having heard learned counsel for the parties. I am of the opinion that prima facie grave charge of gang rape have been levelled against the applicants. The victim/opposite party no.2 has not solemnized marriage with either applicant no.1 or applicant no.2, as such, it is not a fit case, where the charge sheet can be quashed. 6. In view of the above, the instant application under Section 528 B.N.S.S. is dismissed." 2. It is submitted by learned counsel for the applicant that previous application was dismissed considering the compromise, whereas, present application has been moved on ground of marriage. He further submits that there is improvement made in the statement of victim. 3. Learned AG.A. for the State is present. 4. There is no point in issuing notice to opposite party no.2. 5. At this juncture, learned counsel for the applicant seeks to withdraw the application. 6. In view of prayer made by learned counsel for accused-applicant, the application is dismissed as withdrawn. October 29, 2025 MN/- NA528 No. 41569 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad