Neutral Citation No. - 2025:AHC:37080 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 8310 of 2025 Applicant :- Kailash Kumar Nishad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharm Singh Parmar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Dharm Singh Parmar, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants-Kailash Kumar Nishad And 2 Others, who are charge sheeted accused, have approached this Court by means of present application under Section 528 BNSS with the following prayer: " It is, therefore, prayed that this Most Respectfully Court Hon'ble graciously be pleased to may allow this present application and quash the Charge Sheet No.127 of 2024 dated 26.02.02024 as well as Cognizance and Summoning order dated 03.02.2025 in Case No.264 of 2025 (State Vs. Kailash Kumar Nishad and others), arising out of Case Crime N.868 of 2023, I.P.C., Under Section 376, 323, 507 Police Station Kotwali Nagar Banda, District Banda, pending in the Court of Chief Judicial Magistrate Banda. It is therefore most respectfully prayed that this Hon'lbe Court may be pleased to stay the further proceeding of Case No.264 of 2025 (State Vs. Kailash Kumar Nishad and others), arising out of Case Crime N.868 of 2023, Under Section 376, 323, 507 I.P.C., Kotwali Police Station District Nagar Banda, Banda, pending in the Court of Chief Judicial Magistrate Banda, during pendency of present application before this Hon'ble Court or pass such other order which this Hon'ble Court may deem fit and proper, otherwise the applicants shall suffer an irreparable loss." 4. Learned counsel for applicants submits that first informant/opposite party-2 has solemnized marriage with applicant-1. In view of above, the prosecutrix/first informant/opposite party-2 is now the legally wedded wife of applicant-1. It is thereafter that F.I.R. dated 05.11.2023 was lodged by the prosecutrix/first informant/opposite party-2. In furtherance of his submission, the learned counsel for applicants invited the attention of Court to the Memo of Marriage Agreement, copy of which is on record as Annexure-9 to the affidavit filed in support of this application. With reference to paragraph-8 of the said affidavit, it is thus urged by the learned counsel for applicants that the factum with regard to solemnization of marriage is admitted to the parties. He therefore contends that in view of above, the criminal prosecution of applicants under the charging sections cannot be sustained. As such, this application is liable to be allowed by this Court. 5. Per contra, the learned A.G.A. representing State-opposite party- 1 has vehemently opposed this application. Learned A.G.A. submits that there is nothing on record to prove the marriage of applicant-1 with the prosecutrix/first informant/opposite party-2. Marriage of the parties has not been registered under the U.P. Marriage Registration Rules, 2017. In the absence of Marriage Registration Certificate, there is no credible and reliable evidence to presume that the parties have solemnized marriage. On the above premise, the learned A.G.A. submits that since present application has been filed on illusionary ground, therefore, same is liable to be dismissed. 6. When confronted with above, the learned counsel for applicanst could not overcome the same. 7. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicants with reference to the record at this stage. As such, no good ground exists to entertain the present application. 8. In view of above, present application fails and is liable to be dismissed. 9. It is accordingly dismissed. Order Date :- 17.3.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad