Neutral Citation No. - 2025:AHC:65866 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 8195 of 2025 Applicant :- Bittu @ Beetu @ Naresh Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Gupta,Sadhana Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Balram Gupta, Advocate holding brief of Sri Rakesh Kumar Gupta, learned counsel for applicants and learned A.G.A. for State/opposite party nos.1 and 2. 2. The instant application under section 528 BNSS has been preferred to quash the entire proceedings of Case No.91675 of 2015 arising out of Case Crime No.376 of 2015, under sections 6/23 of The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and section 420 I.P.C., P.S. Transport Nagar, District- Meerut, pending in the court of learned Chief Judicial Magistrate, Meerut. 3. It is the case of applicants that both the applicants were rendering their services at the establishment owned by other co- accused, Dr. Sanjay Agrawal, who was also implicated in Case Crime No.376 of 2015 in pursuance to sections 6/23 of The Pre- Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 along with section 420 I.P.C. and the said F.I.R. has been lodged over the information alleged at the behest of opposite party no.2. 4. Sri Balram Gupta, learned counsel appearing on behalf of applicants submitted that the veracity of Case No.91675 of 2015 arising out of Case Crime No.376 of 2015 has been put under challenge through Application u/s 482 Cr.P.C. No.37266 of 2015 by one of the co-accused, i.e., Dr. Sanjay Agrawal, who had been the owner of establishment, wherein both the applicants were rendering their services as Technician and some another post. While entertaining the application under section 482 Cr.P.C. preferred by one of the co-accused, i.e., Dr. Sanjay Agrawal, co- ordinate Bench of this Court quashed the entire proceedings arising out of Case Crime No.376 of 2015 precisely on the ground of section 28 of The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, which provides that no Court shall take cognizance of offence under this Act except on a complaint made by appropriate authority concerned. 5. It is the admitted case of opposite parties that no complaint has ever been instituted at the behest of opposite party no.2 rather F.I.R. has been instituted and the same has been registered as Case Crime No.376 of 2015, which culminated into preferring charge- sheet on dated 31.08.2015, whereupon cognizance of offence has been taken up by learned court concerned on dated 04.09.2015 without giving any credence to section 28 of the Act of 1994. 6. Be that as it may, no useful purpose shall be served by way of keeping the matter pending at this stage by way of calling counter affidavit and rejoinder affidavit from the parties, once the adjudication has been made by co-ordinate Bench of this Court vide judgement dated 14.12.2023 while adjudicating Application u/s 482 Cr.P.C. No.37266 of 2015 and once the similar ground has been taken up by applicants through instant application, the similar benefit has to be extended in favour of these applicants also in the light of judgement dated 14.12.2023. 7. Considering the above facts and circumstances, the entire proceedings initiated against the applicants in shape of Case No.91675 of 2015 arising out of Case Crime No.376 of 2015, under sections 6/23 of The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and section 420 I.P.C., P.S. Transport Nagar, District- Meerut is hereby quashed. 8. The instant application u/s 528 BNSS stands allowed accordingly. Order Date :- 28.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad