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Neutral Citation No. - 2025:AHC:128426 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 27622 of 2025 Applicant :- Sarfaraj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vijai Shanker Tripathi,Vinod Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sandeep Jain,J.
1. Vakalatnama filed today by Shri Rajneesh Kumar Sharma, learned counsel on behalf of the first informant is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent and Shri Rajneesh Kumar Sharma, learned counsel for the first informant-opposite party No. 2.
3. Learned counsel for the applicant submitted that the applicant has solemnized marriage with the victim and now both are living happily together and as on date, there is no dispute between them. As such, the entire proceedings of the Sessions Case No. 635 of 2025 (State vs. Sarfaraj) against the applicant be quashed.
4. Learned counsel for the first informant/opposite party No. 2 and the learned A.G.A. have also accepted that the victim has solemnized marriage with the applicant and both are living happily together.
5. I have heard learned counsels of both the parties and perused the record.
6. From perusal of record, it is evident that after investigation chargesheet under Sections 504, 376, 452, 506 IPC and Section 5L/6 POCSO Act was submitted against the accused-applicant on which cognizance was taken by the court of Additional District and Sessions Judge/Special Judge (POSCO Act), Court No. 13, Shaharanpur and the trial is pending. It is also evident that the victim who is the daughter of the first informant has solemnized marriage with the accused-applicant and they are living happily together and they have settled all the disputes. In view of this, no useful purpose would be served by keeping the proceedings pending in the trial court against the applicant.
7. Accordingly, this application u/s 528 BNSS is allowed. Consequently, the entire proceedings of Sessions Case No. 635 of 2025 (State vs. Sarfaraj) arising out of Case Crime No. 88 of 2024 under Sections 504, 376, 452, 506 IPC and Section 5L/6 POCSO Act, Police Station Mirzapur, District Shaharanpur are hereby quashed against the applicant only. Order Date :- 31.7.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad