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2025 DAILYLAW 79517 (ALL)

SATYAM TIWARI v. STATE OF U.P. AND 4 OTHERS

NA528/27617/2025 · 2025-07-30

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:127826 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 27617 of 2025 Applicant :- Satyam Tiwari Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Chandan Kumar Chaturvedi,Uma Shankar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sandeep Jain,J. 1. Sri Navneed Kumar Srivastava, Advocate filed his vakalatnama on behalf of opposite party no.5, which is taken on record. 2. Heard learned counsel for the applicant, Sri Navneed Kumar Srivastava, learned counsel for the victim as well as learned A.G.A. for the State and perused the record. 3. The present application under Section 528 of B.N.S.S. has been filed to quash the cognizance order dated 20.05.2025 as well as impugned charge sheet dated 19.06.2024 in S.S.T. No.503 of 2025 (State Vs. Satyam Tiwari), arising out of Case Crime No.88 of 2022, under Sections 363, 366, 376 I.P.C. & 4(2) POCSO Act, Police Station- Raunapar, District- Azamgarh, pending before the court of Special Judge (POCSO Act), Azamgarh. 4. Learned counsel for the applicant submits that the applicant has solemnized marriage with the victim i.e. opposite party no.5 and they are happily living. As such, the charge sheet submitted in this case be quashed. 5. Learned counsel for the victim and learned A.G.A. have accepted the above submissions made by learned counsel for the applicant. 6. Considering the facts and circumstances of the case, it appears that after investigation charge sheet against the applicant was submitted under Sections 363, 366 and 376 I.P.C. and Section 4 of POCSO Act, on which cognizance has been taken but the trial has not yet been started. It is also apparent that the victim has solemnized marriage with the applicant and they are happily residing together as husband and wife. 7. In view of the above, no useful purpose would be served in keeping the present application pending any further. The charge sheet dated 19.06.2024 along with cognizance order dated 20.05.2025 and the entire proceedings of S.S.T. No.503 of 2025 (State Vs. Satyam Tiwari), arising out of Case Crime No.88 of 2022, under Sections 363, 366, 376 I.P.C. & 4(2) POCSO Act, Police Station- Raunapar, District- Azamgarh, pending before the court of Special Judge (POCSO Act), Azamgarh, are hereby quashed. 8. The present application under Section 528 of B.N.S.S. is allowed. Order Date :- 31.7.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad