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Neutral Citation No. - 2025:AHC:92666 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 15766 of 2025 Applicant :- Sonu Bind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nimesh Kumar Shukla,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent and perused the entire record. 3. This application has been filed with a prayer to quash the entire proceedings of Session Trial No.320 of 2023, arising out of Case Crime No.881 of 2011, State of U.P. v. Sonu Bind, under Sections 363, 366, 376 I.P.C., Police Station Kheta Sarai, District Jaunpur as well as charge sheet dated 14.07.2012, on the basis of a compromise. 4. Learned counsel for the applicant submits that the petitioner had solemnized marriage with the victim/opposite party no.2 on 17.09.2011 as per the Hindu Customs and Traditions and three children have been born out from the said marriage. He next submits that victim had died on 17.09.2022 and before the death of victim, they were living happily and leading a successful matrimonial life. The children born out of the said wedlock having decided with the applicant. It is further submitted that as the victim has died and had solemnized marriage with the applicant,
therefore, no fruitful purpose would be served by keeping the matter pending. 5. The arguments addressed by learned counsel for the applicant are supported by the documents, i.e., marriage certification, marriage deed, death certificate and the birth certificates of the children. 6. Per contra, learned A.G.A. submits that as the victim has died and had solemnized marriage with the applicant and opposite party no.2 has no objection, therefore, the proceedings of the aforesaid case pending before the trial court be quashed. 7. I have considered the submissions made by the learned counsel for the parties, and have gone through the entire record. 8. Since the victim has died and had solemnized marriage with the applicant, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak. 9.
In such circumstances, the entire proceedings of Session Trial No.320 of 2023, arising out of Case Crime No.881 of 2011, State of U.P. v. Sonu Bind, under Sections 363, 366, 376 I.P.C., Police Station Kheta Sarai, District Jaunpur as well as charge sheet dated 14.07.2012, against the applicant, are hereby quashed. 10. The instant petition stands allowed, accordingly. Order Date :- 29.5.2025 A.N. Mishra (Vinod Diwakar,J.)1 Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad