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Neutral Citation No. - 2025:AHC:125226 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 24548 of 2025 Applicant :- Suhail Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashok Kumar Mishra,Avesh Mishra Counsel for Opposite Party :- G.A.,Shashwat Shukla Hon'ble Sandeep Jain,J. The present application has been filed praying for quashing the entire proceedings as well as charge sheet no. 366 of 2024 and dated 06.11.2024 as well as cognizance and summoning order dated 20.02.2025 passed in case no. 1224 of 2025 (State v/s Suhail) arising out of case crime no. 477 of 2024 under sections 376, 504, 506 I.P.C. & 3/4 P.O.C.S.O. Act Police Station Seohara, District Bijnor, pending in the court of Additional District and Sessions Judge/Special Judge P.O.C.S.O. Act, Bijnor, in terms of compromise taken place between the parties with further prayer to stay the further proceedings in case no. 1224 of 2025 (State v/s Suhail) arising out of case crime no. 477 of 2024 under sections 376, 504, 506 I.P.C. & 3/4 P.O.C.S.O. Act Police Station Seohara, District Bijnor, pending in the court of Additional District and Sessions Judge/Special Judge P.O.C.S.O. Act, Bijnor, in terms of compromise taken place between the parties.
Learned counsel for the applicant submits that a false case was registered against the applicant in which after investigation, charge sheet was submitted under Section 376, 504, 506 IPC, on which, cognizance was taken by the trial court, but meanwhile, the victim has solemnized marriage with the applicant on 12.06.2025 and the certificate of registration of marriage is available on record.
Learned counsel for the applicant further submits that since petitioner and victim are living together happily as husband and wife, as such, the charge-sheet in the case be quashed.
Learned counsel representing the victim/ opposite party no. 2 has also accepted that opposite party no. 2 has solemnized marriage with the applicant and is living happily with him. Learned AGA has also acceded that the victim has solemnized marriage with applicant. Having heard the counsel for the parties and after perusal of
documents on record, it is evident that the victim, i.e., opposite party no.2 has solemnized marriage with the applicant which has also been got registered. The victim is major. As of now, no useful purpose would be served if the proceedings are allowed to continue. In view of this, the application under Section 528 BNSS deserves to be allowed. Accordingly, the application is allowed and consequently, the charge-sheet submitted in case crime No. 477 of 2024 under Section 376, 504 and 506 IPC & 3/4 POCSO Act against the applicant is quashed. All the ancillary proceedings pending so far as charge-sheet is concerned is also quashed. Registrar (compliance) is directed to send the copy of this order to the trial court concerned.
Order Date :- 29.7.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad