Neutral Citation No. - 2025:AHC:125027 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 23586 of 2025 Applicant :- Binde Alias Manvendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Prasad Counsel for Opposite Party :- Dhirendra Bahadur Singh,G.A. Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State-Opposite Party and learned counsel for the opposite party no.2. 2. The present 528 B.N.S.S. application has been filed to quash entire proceedings of Session Case No.293 of 2023 (Old No.1169 of 2023) (State Vs. Binde alias Manvendra and another), arising out of Case Crime No. 183 of 2023, under Sections 376D, 452, 323 & 506 I.P.C., P.S.-Gursarai, District-Jhansi, pending before Additional Session Judge, Garautha, District-Jhansi as well as to quash the impugned charge sheet dated 25.08.2023 submitted by the Investigating Officer in the present case and to quash the impugned cognizance/summoning order dated 27.09.2023. 3. Learned counsel for the applicants submits that a compromise has been reached between the applicants and the opposite party no.2 regarding the case, in which after investigation charge sheet was submitted under Sections 376-D, 452, 323 & 506 I.P.C., on which cognizance has been taken. The trial has not been commenced. Learned counsel further submitted that the opposite party no.2 has already married to some other person. Learned counsel further submitted that if the trial is permitted to proceed further then it will cause severe prejudice to the applicants. 4. Learned A.G.A. has opposed the above prayer on the ground that the victim/opposite party no.2 has not solemnized marriage with either applicant no.1 or applicant no.2, as such no legal ground exists to quash the charge sheet, in which there is allegation of gang rape upon the applicants. 5. Having heard learned counsel for the parties. I am of the opinion that prima facie grave charge of gang rape have been levelled against the applicants. The victim/opposite party no.2 has not solemnized marriage with either applicant no.1 or applicant no.2, as such, it is not a fit case, where the charge sheet can be quashed. 6. In view of the above, the instant application under Section 528 B.N.S.S. is dismissed. Order Date :- 29.7.2025 Anurag* Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad