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Neutral Citation No. - 2025:AHC:125088 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 24477 of 2025 Applicant :- Anees And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Shahibe Alam Counsel for Opposite Party :- G.A.,Niyaj Ahamad 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 informant.
2. The present 528 B.N.S.S. application has been filed to quash entire proceedings of Case No. 1039 of 2015 (State vs. Jahid and others), charge sheet dated 23.02.2015, arising out of Case Crime No. 644 of 2014, under Sections 376-D, 506, 342, 120B, 420 & 153 I.P.C. and Section 3(2)5 SC/ST Act, Police Station Khekda, District Baghpat as well as cognizance/ summoning order dated 09.03.2015, pending in the Court of Judicial Magistrate, Baghpat.
3. Learned counsel for the applicants submitted that a compromise has been reached between the applicants and the opposite party no.2, as such the charge sheet be quashed.
4. Learned counsel for the opposite party no.2 also accepts that a compromise has been reached between the parties.
5. From perusal of the documents submitted with the application, it appears that after investigation charge sheet against the applicants has been submitted under Sections 376-D, 506, 342, 120-B, 420 and 153 I.P.C. and 3(2)(V) S.C./S.T. Act, which are heinous offences. The victim/opposite party no.2 has neither married applicant no.1 nor applicant no.2. This is not a case where the offending applicants and the victim/opposite party no.2 have solemnized marriage and they are living as husband and wife.
6. In view of the above, in my opinion it is not a fit case for exercising jurisdiction under Section 528 B.N.S.S.
7. Accordingly, the application is rejected. Order Date :- 29.7.2025 Anurag* Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad