Neutral Citation No. - 2025:AHC:125834 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 9879 of 2025 Applicant :- Balwant Giri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Digvijay Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Digvijay Tiwari, learned counsel appearing on behalf of applicant and learned AGA for the State. 3. The instant application has been preferred for challenging the entire proceedings of Sessions Trial No. 57 of 2019 (State v. Balwant Giri) arising out of Case Crime No. 13 of 2019, under Section 363 IPC and Section 7/8 of POCSO Act, wherein after conducting detailed investigation, Investigating Officer submitted charge-sheet, whereupon cognizance has been taken by Special Judge, POCSO Act, District Ghazipur, dated 9.4.2019, through which the applicant has been summoned, which arises cause of action but after near about six years from the date of summoning order, after responding precise query in respect of delay has been submitted by the applicant that applicant has already been extended bail at the time he harassed before concerned court. 4. It is also submitted by the learned counsel for the applicant that the so called victim in the instant matter has already been married with the applicant and they are leading a very peaceful and happy married life and blessed with two children. 5. By bare perusal of the records, it is crystal clear that the summon has been issued against the victim wherein the name of the husband i.e. applicant has been mentioned and at the same time two birth certificate appended as Annexure SA-3 to the supplementary affidavit also reflecting the name of the applicant being father and name of mother i.e. Smt. Shivani Giri. 6. Learned counsel for the applicant submitted that there is no occasion available with the prosecution to conclude the trial by way of alleging the applicant being accused in pursuance of Section 363 IPC along with Section 7/8 of POCSO Act since the victim as mentioned in the FIR has legally wedded wife of the applicant. 6. Per contra learned AGA submitted that informant in the incident is accused in Case Crime No. 13 of 2019 is the father of the wife of the applicant i.e. now father-in-law of the applicant and as such the prosecution cannot be stopped only at the behest of the victim, which is at liberty on the basis of statement recorded by the prosecution along with evidences available and were collected by same Investigating Officer and put up before learned trial court. 7. After hearing rival submissions of the learned counsel for the parties, it is crystal clear from the records that the victim as mentioned in the FIR is actually now at present wife of the applicant and blessed with two children and as such it is not disputed that applicant and the victim are living peacefully and happily wedded life. 8. So far as the statement of informant is concerned, it is also apparent from the records, which has been brought to the notice to this court by the learned counsel for the applicant, that the same can be termed under the category of hostile at the best of informant as well as victim herself or action / reaction of the applicant was very well terms under the category of crime for the year 2019 but every person is to be given a chance to rectify his own mistake, in the same terms, applicant rectified his mistake, which might be an action carried out under the some ill situation and position of mind but thereafter getting married with the victim herself. Applicant showed his entire good gesture and conduct and as such although it is not permissible before the learned trial court to conclude the trial only on the basis of conduct, which has been shows by the applicant at the latter stage, but there is high presumption that even after high time of prosecution witness as per the catena of judgments rendered by Hon'ble Apex Court, the punishment can be awarded by the trial court, which might be on distressed and unhappy situation before a family which has been laid by the applicant himself comprises of victim as a wife and dependent children. 9. Considering the above mentioned facts and circumstances, there is hardly any occasion arises for putting applicant before learned trial court to conclude the trial, wherein the victim has now been recognized as dully legally wedded wife of the applicant who are leading their peaceful life along with two infants and as such entire proceedings of Sessions Trial No 57 of 2019 (State v. Balwant Giri) arising out of Case Crime No. 13 of 2019 in pursuance of Section 363 of IPC and Section 78 of POCSO Act is hereby set aside. 10. The instant application stands allowed accordingly. Order Date :- 28.7.2025 Akram Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad