Neutral Citation No. - 2025:AHC:139850 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20144 of 2025 Applicant :- Shyam Bihari Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant application has been preferred for quashing the impugned charge-sheet dated 23.08.2020, cognizance/summoning order dated 18.09.2020 as well as the entire proceedings of Session Trial No.367 of 2020 (State vs. Shyam Bihari Yadav @ Bhola) arising out of Case Crime No.259 of 2020, under sections 323, 506, 354B, 542 I.P.C. and sections 7/8 POCSO Act, P.S. Patherwa, District- Kushinagar, pending in the court of learned Special Judge, POCSO Act, Court No.1, Kushinagar. 3. Factual matrix of the matter derives that the instant matter has been instituted at the behest of opposite party no.4, who is at present father-in-law of applicant, since at the time of institution of Case Crime No.259 of 2020, victim was minor, but thereafter in the subsequent event, marriage has been solemnized between the applicant and the victim in Case Crime No.259 of 2020, which is evident from the certificate of marriage issued by Registrar, Marriages and later on one more F.I.R. has been preferred at the behest of opposite party no.4, wherein detail final report has been submitted after conducting inquiry by concerned Investigating Officer, wherein certificate of marriage along with statement recorded by the victim has already been taken into consideration. 4. Learned counsel for the applicant submitted that in respect of solemnization of marriage, it is father of the wife of applicant, who is still not satisfied, who preferred subsequent F.I.R., wherein final report has already been submitted and applicant along with victim is leading peaceful married life being husband and wife and as such implication of applicant in Case Crime No.259 of 2020 has now become redundant and the proceeding instituted against the applicant is only harassment against the applicant as well as duly wedded wife, who has been alleged as victim in the proceeding pending before learned court of Special Judge, POCSO Act, District Kushinagar. 5. 5. Per contra, learned A.G.A. although vehemently opposed the prayer as made in the application, but did not dispute the fact which has been arrived over by concerned Investigating Officer at the time of preferring final report in favour of applicant in subsequent F.I.R., which is corroborated with the marriage certificate appended to the affidavit filed in support of instant application. 6. After hearing rival submissions extended by learned counsel for the parties, it is crystal clear that once the applicant has already solemnized marriage with the victim, there is hardly any occasion arises for the prosecution to continue with Case Crime No.259 of 2020 pending before learned court of Special Judge, POCSO Act, Kushinagar and as such entire proceedings in shape of Session Case No.367 of 2020, arising out of Case Crime No.259 of 2020 is hereby set-aside. 7. The instant application stands allowed accordingly. Order Date :- 18.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad