HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21917 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri R.B.Singh, learned counsel appearing on behalf of applicant and Sri Ghan Shyam Yadav, learned counsel appearing on behalf of opposite party no. 2 and learned AGA for State. 2. Present application has been preferred with prayer to quash the entire proceeding of Case no. 1857 of 2025 (State vs. Parvej Jang), pending in court of learned Civil Judge (Junior Division)/Judicial Magistrate, Kairana, District Shamli under Section 306 IPC arising out of Case Crime no. 385 of 2023, PS- Jhinjhana, District Shamli, summoning order dated 12.3.2025 passed by learned Civil Judge (Junior Division)/Judicial Magistrate, Kairana, District Shamli under Section 306 IPC, in Case no. 1857 of 2025 (State vs. Parvej Jang). 3. Although, applicant has already been implicated at the time of institution of Case Crime no. 385 of 2023, thereafter charge sheet has been preferred on dated 11.8.2024 whereupon cognizance of offence has been taken up by learned court of Civil Judge (Junior Division)/Judicial Magistrate, Kairana, District Shamli on dated 12.3.2025 in pursuance to section 306 of IPC. 3. While challenging entire proceeding arising out of Case Crime no. 385 of 2023, in respect of the applicant, learned counsel for the applicant submitted that while recording statement by informant and her daughter being Prosecution Witnesses, they completely denied the presence of the applicant, moreover it was emphatically stated by three Prosecution Versus Counsel for Applicant(s) : R.B. Singh Counsel for Opposite Party(s) : G.A., Ghan Shyam Yadav Parvej Jang .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Witnesses that there was hardly any role of the applicant in the said incident which culminated into death of wife of informant by consuming some poisonous substance under the influence of certain other co-accused and as such entire proceeding initiated against the applicant may be set aside. 4. Sri Ghan Shyam Yadav, learned counsel appearing on behalf of opposite party no. 2 also not disputed role of the applicant as stated by three Prosecution Witnesses. 5. In view of the above mentioned facts and circumstances and specifically the statements recorded by informant as well as by his daughter, applicant is hereby permitted to prefer discharge application on the same set of grounds whatsoever has been taken for filing instant application before learned court concerned through counsel. Till the disposal of the discharge application, no action is hereby permitted to be proceeded by learned concerned court against the applicant only. 6. The instant application u/s 528 BNSS stands disposed of accordingly. October 14, 2025 Shaswat NA528 No. 21917 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad