Neutral Citation No. - 2025:AHC:128058 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 27628 of 2025 Applicant :- Habeeb Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohammad Zafar Yab Khan,Shahroze Khan Counsel for Opposite Party :- G.A.,Lavkush Kumar Bhatt Hon'ble Sandeep Jain,J. 1. Short counter affidavit filed on behalf of opposite party no.2, which is taken on record. 2. Heard learned counsel for the applicant, Sri Lavkush Kumar Bhatt, 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 impugned charge sheet dated 02.05.2017 and the cognizance/summoning order dated 07.09.2017 passed by the learned Additional Sessions Judge/Special Judge (POCSO Act), Siddharth Nagar as well as the entire proceedings of Special Session (Sexual) Trial No. 93 of 2027 (State Vs. Akku and others) arising out of Case Crime No. 527 of 2017, for the offence punishable under Section 363, 366, 376 I.P.C., Section 3/4 of Protection of Children From Sexual Offences Act, 2012 and Section 3(2)V, 3(1)(10) of SC/ST Act, Police Station Dhebaruwa, District Siddharth Nagar, pending in the court of Additional Sessions Judge/ Special Judge (POCSO Act), Siddharth Nagar. 4. Learned counsel for the applicant submits that the applicant has solemnized marriage with the victim i.e. opposite party no.2 and they are happily living with their three children which were born from that wedlock. As such, the charge sheet submitted in this case and cognizance order passed by the Additional Sessions Judge/Special Judge (POCSO Act), Siddharth Nagar be quashed. 5. Learned counsel for the victim and learned A.G.A. could not dispute 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, 376 I.P.C., Section 3/4 of Protection of Children From Sexual Offences Act, 2012 and Section 3(2)V, 3(1)(10) of SC/ST Act, on which cognizance has been taken. It is also apparent that the victim has solemnized marriage with the applicant and they are happily residing together as husband and wife with their three children which were born from that wedlock. From the perusal of record, it is also apparent that five witnesses have been examined before the trial court. The statement of victim (PW-2) has also been recorded in which she has not supported the prosecution case and has been declared hostile. 7. In view of the above, no useful purpose would be served in keeping the present application pending any further. The charge sheet dated 02.05.2017 along with cognizance order dated 07.09.2017 and the entire proceedings of Special Session (Sexual) Trial No. 93 of 2027 (State Vs. Akku and others) arising out of Case Crime No. 527 of 2017, for the offence punishable under Section 363, 366, 376 I.P.C., Section 3/4 of Protection of Children From Sexual Offences Act, 2012 and Section 3(2)V, 3(1)(10) of SC/ST Act, Police Station Dhebaruwa, District Siddharth Nagar, 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