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Neutral Citation No. - 2025:AHC:89998 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 19124 of 2025 Applicant :- Usman Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Vipul Babu Sharma Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Vakalatnama filed by the learned counsel opposite party no.5, is taken on record.
2. Heard learned counsel for the applicant and learned A.G.A. for the State.
3. The instant application has been preferred with the prayer to quash the entire criminal proceedings of Special Session Trial No.117 of 2021 (State v. Usman), arising out of Case Crime No.70 of 2019, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Sikandararao, District Hathras and impugned charge-sheet dated 25.01.2021 and cognizance order dated 08.02.2021 as well as order of framing charges dated 23.02.2021 on the basis of compromise.
4. Learned counsel for the applicant states that the statement recorded under Section 37(7) of POCSO Act wherein she has stated that she has solemnized marriage with the applicant one and half years ago and she has been residing with her husband.
5. The applicant and the victim both are present in the Court
stated to have residing together, they have been identified by their respective advocates in the Court.
6. In view of the statements of applicant and victim, the application is allowed. Order Date :- 27.5.2025 A.N. Mishra (Vinod Diwakar,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad