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Neutral Citation No. - 2025:AHC:127829 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 27499 of 2025 Applicant :- Rahul Sisodiya Alias Rahul Singh And 3 Others Opposite Party :- State Of U.P. And 3 Other Counsel for Applicant :- Bipin Kumar Counsel for Opposite Party :- G.A. Hon'ble Sandeep Jain,J.
1. Vakalatnama filed by Sri Rajeev Kumar Pandey on behalf of respondent No.4 is taken on record. 2. Heard learned counsel for the applicant, Sri Rajeev Kumar Pandey, counsel for opposite party No.2 and learned AGA for the State-opposite party. 3. The present application has been filed to quash the entire proceedings of the Session Case No. 1179 of 2022 (State Vs. Rahul Sisodiya & others) pending in the Court of Special Judge( POCSO Act 2012)/ Additional; Sessions Judge, Aligarh including Charge Sheet dated 16.3.2022 and cognizance order dated 21.4.2022 issued against Rahul Sisodiya Under Section 363, 366, 376, 506 I.P.C. and Section 3/4 POCSO Act and against Manju Under Sections 368, 506 I.P.C. and against Shiv Kumar @ Lalaram and Narsingh Under Sections 504, 506 I.P.C. arising out of Case Crime No.0031 of 2022, Police Station- Mahuakhera, District-Aligarh. 4. Learned counsel for the applicants submitted that petitioner No. 1 has solemnized marriage with the victim and they have a son born of their wedlock. As they are now living happily as husband and wife, the charge sheet and trial in this case should be quashed. 5. Sri Rajeev Kumar Pandey, learned counsel for the first informant, and the AGA have acceded to the above prayer. 6. Considering the facts and circumstances of the case, it is evident that after investigation charge sheet against the applicants was submitted under Sections 363, 506, 366, 368, 376, 504 IPC & Section 3/4 POCSO Act on which cognizance was taken and the matter is pending in the trial court as Sessions Case No.1179 of 2022. It is also evident that petitioner No. 1, Rahul Sisodiya alias Rahul Singh has solemnized marriage with the victim. They have a son born out of their
wedlock and all are residing happily together with no dispute between the parties. It is further evident that the victim is major. 7. In view of the above, no useful purpose would be served if the trial proceeds further. Accordingly, the application deserves to be allowed. 8. The application under Section 528 B.N.S.S. is allowed.
Consequently the charge sheet dated 16.03.2022 in Case Crime No.0031 of 2022 under Sections 363, 506, 366, 368, 376, 504 IPC & Section 3/4 POCSO Act, Police Station Mahuakhera, District-Aligarh is hereby quashed. All the consequential proceedings including Session Case No.1179 of 2022 are also quashed. 9. The Registrar Compliance is directed to send a copy of this
order to the concerned trial court.
Order Date :- 31.7.2025 Himanshu Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad