HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34310 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Herd Mohd. Achhay, learned counsel for the applicant as well as learned A.G.A. for the State of U.P. 2. In the light of proposed order notice to private opposite parties is dispensed with. 3. It has been submitted by learned counsel for the applicant that first information report was lodged by opposite party no. 2, being Case Crime No. 185 of 2020, under Sections 452, 506, 376D IPC, Police Station - Nawabganj, District - Allahabad leading to Criminal Case No. 562 of 2022 - State of U.P. Vs. Irshad and Others, pending in the Court of Special Judge FTC, Allahabad. 4. According to the first information report main accused namely Irshad alongwith two other persons including the Versus Counsel for Applicant(s) : Brajesh, Mohd Achhay Counsel for Opposite Party(s) : G.A. Papa Alias Tauseef Ahmad .....Applicant(s) State of U.P. and Another .....Opposite Party(s) applicant, on 29.03.2020, after scaling boundary wall of the house of the prosecutrix had entered into her home and forcefully sexually assaulted her and threatened her with death and ran away. On the prosecutrix raising hue and cry, main accused was apprehended by brother of the prosecutrix on the spot but subsequently he ran away. 5. During investigation statements of prosecutrix under Section 164 Cr.P.C. was recorded where the allegations pertaining to Section 376 IPC have been alleged against the main accused Irshad, while the allegations against the applicant are restricted only to offence under Section 354 IPC. It is next submitted on behalf of applicant that subsequently, prosecutrix and main accused Irshad got married and a copy of Nikahnana dated 30.10.2023. has been annexed alongwith this application. 6. On the aforesaid facts and grounds, it is prayed that proceedings of the case pending against the applicant may be quashed. 7. Considering the arguments raised on behalf of applicant as well from perusal of record, it is noticed that clear allegations have been levelled by the prosecutrix in her statement recorded under Section 164 Cr.P.C., who has clearly stated that it is Irshad who had sexually assaulted her without her consent, but, applicant is alleged to have committed offence under Section 354 IPC. No ground has been raised, nor any argument advanced as to why the proceedings against the applicant NA528 No. 34310 of 2025 2 should be quashed. Accordingly, this Court do not find any ground for interference in the prosecution or allow the prayer as made by the applicant in the present application under Section 528 of BNSS. 8. In the light of above, present application which has come up during the course of investigation, no justification or ground has been raised to enable this Court to interfere in the matter. 9. Accordingly, present writ petition being devoid of merits is dismissed. September 17, 2025 A. Verma NA528 No. 34310 of 2025 3 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad