HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10018 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Sri Surjeet Kumar Mishra, Advocate on behalf of the private respondent is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The present application is filed with the prayer to quash the entire proceedings of Case No.609 of 2010 arising out of Case Crime No.441 of 2009 under Section 363 and 366 I.PC., Police Station Kotwali Akbarpur, District - Ambedkar Nagar. 4. On 28.11.2025, following order was passed :- 1. Learned counsel for the applicant prays to delete the name of opposite party No.2 from the array of parties and implead the victim of the case as opposite party No.2 during course of the day. 2. Aforesaid prayer has not been opposed by the learned A.G.A. 3. Accordingly, learned counsel for the applicant is permitted to delete the name of opposite party No.2 from the array of parties and implead the victim of the case as opposite party No.2 in the array of parties, during course of the day. 4. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the opposite party No.3 and perused the record. 5. This application under Section 482 Cr.P.C. akin to Section 528 of the Versus Counsel for Applicant(s) : Vishal Tripathi Counsel for Opposite Party(s) : G.A. Jalaluddin Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) BNSS, 2023 has been filed seeking following main relief(s) :- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be please to quash the subsequent Non-Bailable Warrant and Proclamation Proceedings under Section 82 Cr.P.C. dated 28.10.2025 initiated against the applicant, being wholly illegal, mechanical, and unsustainable in law as well as the entire criminal proceedings of Case No.609/2010 (arising out of Case Crime No. 441/2009, P.S. Kotwali Akbarpur, District Ambedkar Nagar), under Sections 363 & 366 IPC corresponding section-137(2) & 87 B.N.S., pending in the court of Chief Judicial Magistrate, Ambedkar Nagar, including the charge-sheet No. 265 of 2009 dated 24.12.2009 and the order taking cognizance/ registration order dated 15.02.2010, as the same are illegal, arbitrary and abuse of process of law. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further entire criminal proceedings of Case No. 609/2010 (arising out of Case Crime No. 441/2009, P.S. Kotwali Akbarpur, District Ambedkar Nagar), under Sections 363 & 366 IPC corresponding section- 137(2) & 87 B.N.S, pending in the court of Chief Judicial Magistrate, Ambedkar Nagar, in the interest of justice. (Contained as Annexure No. 1, 2 & 3 to this petition)." 6. Considering the facts as indicated including that the applicant and the victim/opposite party No.2 solemnized marriage way back in the year 2009 and they are living happily under one roof along with their children born out of the wedlock of the applicant and the victim, this Court finds that the applicant is entitled for interim protection. 7. Accordingly, issue notice to the opposite party No.2 returnable at an early date. Steps to be taken within three working days. 8. List this case on 10.12.2025 along with service report. 9. In addition to the above, let the opposite party No.2-Victim of Case Crime No.0441/2009, under Sections 363, 366 of I.P.C., Police Station - Kotwali Akbarpur, District - Ambedkarnagar be informed by the S.H.O. of Police Station - Kotwali Akbarpur, District - Ambedkar Nagar regarding the date fixed in the matter and her appearance before this Court on the next date fixed. 10. Learned AGA is directed to communicate this order to the S.H.O. concerned forthwith and place the proof regarding the information given by the S.H.O. concerned to the opposite party by way of an affidavit when the case is listed next. 11. The S.H.O. of Police Station - Kotwali Akbarpur, District - Ambedkar Nagar A482 No. 10018 of 2025 2 shall also inform the Court regarding the fact as indicated in paragraph 8 of the application, according to which the complainant of the case has passed away. 12. Till the next date of listing, the proceedings in issue shall remain stayed qua the applicant. 5. In pursuance of aforesaid order, applicant - Jalaluddin Khan s/o Latif Khan r/o village Smmanpur, Anshik, Jalalpur Pikar, P.O. Amartal, P.S. Sammanpur, District Ambedkar Nagar and private respondent - Ibrana Khatoon are present before this Court alongwith Ms. Priya Dixit, Lady Constable, P.S Kotwali Akbarpur, Ambedkar Nagar and they have been identified by their respective counsels. 6. Victim of the case informs that her father lodged F.I.R. against the applicant as her Nikah was solemnized with the applicant, however, she is enjoying her matrimonial life and is having four children and requested that proceedings against the applicant may be quashed. 7. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant material, it is evident that victim is enjoying her matrimonial life with the applicant and is having four children, therefore, trial of the case in question is futile one and liable to be set aside. 8. In view of the discussions made hereinabove, the present application is allowed and the impugned order passed by the court below is hereby set aside. December 10, 2025 GauraV/- A482 No. 10018 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench