Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 20129 of 2025 Applicant :- Arvind Kumar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Shri Arun Kumat Tripathi, learned counsel appearing for the applicants, Shri Shashidhar Pandey, learned AGA for the State and perused the records. 2. The instant application has been filed by the applicants praying for quashing of the charge-sheet dated 02-10-2023, cognizance order dated 12-12-2023 as well as entire proceedings of Sessions Case No. 885 of 2023 (State Vs. Mosim), arising out of case crime no. 26 of 202, under Section 376-D and 5g/6 POCSO Act, P.S. Lohta, district Varanasi. 3. Learned counsel for the applicant submits that the instant case is a glaring example of repeated misuse of the criminal proceedings by opposite party no. 2, who has a well-documented history of lodging multiple false and vindictive FIRs against the applicant's elder brother Aquil Ahmad (her husband) and his family members, including the applicant, in order to harass and settle personal vendettas. Initially, she lodged Case Crime No. 94 of 2016 under Sections 452, 376, 506 I.P.C. and 3/4 POCSO Act, which resulted in acquittal vide judgment dated 07.11.2016, and a show cause notice was issued to her mother under Section 22 of the POCSO Act. Thereafter, in Case Crime No. 159 of 2018 under Sections 498A, 323, 504, 506, 354, 354B, 342, 376-D I.P.C. and POCSO Act, this Hon'ble Court was pleased to stay proceedings in Criminal Misc. Application No. 14658 of 2020. Similarly, in Case Crime No. 677 of 2018 under Sections 363, 328, 376-D I.P.C. and 5/6 POCSO Act, the charge sheet was challenged through Criminal Misc. Application U/s 482 No. 6054 of 2020, in which proceedings were also stayed. Not only this, the opposite party no. 2 subsequently remarried one Juber Ahmad Khan without disclosing her subsisting marriage with Aquil Ahmad, and when differences arose in the second marriage as well, she again resorted to criminal proceedings, now including the applicant and others. The elder brother of the applicant has already challenged the present FIR registered as Case Crime No. 26 of 2021 by way of Criminal Misc. Application No. 30426 of 2024, in which this Hon'ble Court has called for a counter affidavit and stayed further proceedings. It is further submitted that during investigation, the medical report assessed the age of opposite party no. 2 to be between 18–19 years, ruling out the applicability of the POCSO Act. In this backdrop of repeated false accusations, the charge sheet submitted under Sections 376-D I.P.C. and 5(g)/6 POCSO Act in Case Crime No. 26 of 2021, Police Station Lohta, District Varanasi, and the cognizance order dated 12.12.2023 passed by the learned Special Judge (POCSO), Varanasi, are wholly arbitrary, mechanical, and liable to be quashed as they are nothing but an abuse of the process of law. 4. Matter requires consideration. 5. Notice on behalf of the State has been accepted by learned A.G.A. 6. Issue notice to opposite party no. 2 returnable at an early date.Steps be taken within one week. 7. The opposite parties are granted four weeks' time to file counter affidavit and the applicant will have two weeks' thereafter to file rejoinder affidavit. 8. List on 10-09-2025. 9. Till then, further proceedings against the applicants in the aforementioned case shall be kept in abeyance. Order Date :- 1.7.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad