ISHWAR CHAND SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The present criminal appeal has been preferred by the accused/appellants aggrieved by the impugned order dtd. 15/9/2025 passed by the High Court of Allahabad in Application U/S 528 BNSS No.34442 of 2025 wherein the High Court refused to quash the criminal proceedings against them, arising out of Complaint Case No.05 of 2025 pending adjudication before the Court of Special Judge (POCSO Act)/Additional Sessions Judge, Meerut (hereinafter referred to as "trial court "). The said complaint was lodged by respondent No.2 (hereinafter referred to as "the complainant ") under Ss. 65, 74, 352, 351(2), 115 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS ") and under Ss. 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act ").

(3.) Briefly stated, the facts of the case are that accused/appellant No.1 is the husband of the complainant whereas the accused/appellant No.2 is the mother-in-law of the complainant. The accused/appellant No.3 and accused/appellant No.4 are sister-in-law and brother-in-law of the complainant respectively. The said accused/appellants hereinafter are collectively referred to as "the appellants ". Appellant No.1 and his brother, one late Praveen got married to the complainant and her younger sister respectively in the year 2008 according to Hindu rites and ceremonies. A daughter, the prosecutrix, was born on 8/6/2009 out of the wedlock between appellant No.1 and the complainant, followed by a son thereafter.